Burton

George Edward Burton appeals from a judgment of conviction, following a jury trial, of violation of Penal Code section 245, subdivision (a).

On July 5, 1977, appellant and the victim were employed as ware-housemen on the receiving dock at Montgomery Ward. A disagreement arose between them and the victim was severely beaten by appellant with a lead pipe.

I

Appellant’s first contention on appeal is that the prosecutor displayed prejudicial misconduct (a) by making reference to his prearrest silence with respect to his self-defense claimed at trial and (b) by indicating during the cross-examination of appellant and in his argument to the jury that appellant failed to surrender the pipe, the weapon used in the commission of the crime, to the police. As appears from the ensuing discussion, none of appellant’s arguments have any merit.

The first incident referred to by appellant took place during the examination of Officer Kinsella. The prosecutor asked the officer whether appellant had come forward to give any explanation about his involvement in the incident. Although trial counsel’s objections to the line of questioning were sustained by the court, appellant maintains,…