People v. Radil

Opinion

KING, J. *

—After a trial by jury, Edward James Radii appeals his conviction of a violation of Penal Code section 459 (burglary) and Penal Code section 245, subdivision (a) (assault with a deadly weapon). Appellant was found not guilty of violating Penal Code section 12022.5 (being armed with and using a firearm).

The victim, Beverly Hemming (she was Beverly Pederson at the time of the crimes), had lived with appellant prior to the incident. In December 1972, appellant was arrested by the police and mistakenly let go several days later. He came to the home he shared with the victim and a…