People v. Niles

In People v. Niles (1964) 227 Cal.App.2d 749, the appellate court concluded that the defendant could not be punished for both burglarizing the victim's room, then assaulting the victim during a scuffle which followed the defendant threatening the victim if the latter called the police. The appellate court reasoned that the burglary and the assault were part of one indivisible transaction because the defendant committed the latter in order to avoid being apprehended for the former. (Id. at p. 755.)