Sims

By information, defendant Sims, along with codefendants Neelon and Parker, was charged in count I with possession of a sawed-off rifle with a barrel less than 16 inches (Dangerous Weapons’ Control Law, § 12020, Pen. Code); in count II with burglary (Pen. Code, § 459) of the premises of one Barnes (apparently involving the theft of a shotgun and some shells owned by Barnes); and in counts III and IV of assault with a deadly weapon (Pen. Code, § 245) arising out of the circumstance wherein shots were fired from some weapon at a time when Barnes and Anderson (an acquaintance of Barnes who had a rifle at Barnes’ home) were pursuing defendants. An amendment to the information was filed against Sims, charging him with two prior felony convictions (Veh. Code, § 10851 and burglary). A section 995 motion was made and denied. Sims pleaded not guilty and denied the prior. A jury trial was waived. Sims was found guilty and sentenced to the county jail. He appeals.

Defendant Sims points out two instances where arguably the trial court erred in sustaining prosecution objections to proposed inquiries.

One contention is that the cross-examination of prosecution witness Anderson was…