Meeks

This appeal is from a conviction on a second trial for the same offense, first degree murder. On the appeal from the first conviction this court reversed. Meeks v. United States, 9 Cir., 163 F.2d 598 .

1. Appellant’s first assignment of error is that at the beginning of the examination in chief of Kelso B. Hartness, principal witness for the Government, the prosecutor was permitted to interrogate him with reference to prior criminal convictions. No objection was made to this testimony, but in view of the gravity of the offense, we will consider the alleged error. Giles v. United States, 9 Cir., 144 F.2d 860 .

Appellant invokes Alaska Compiled Laws Ann. 1949, § 58-4-59: “The party producing a witness is not allowed to impeach his credit by evidence of bad character, but he may contradict him by other evidence, and may also show that he has made at other times statements inconsistent with his present testimony, as provided by section 58-4-62.” In construing an identical statute the Supreme Court of California said the California statute “is but the reenactment of a rule previously existing, which allowed several exceptions,—as, for example, where the evidence of the witness is…