Green

A jury found defendant guilty of two counts of first degree burglary. He had admitted five previous felony convictions, but was found not to be an habitual criminal. He was sentenced to consecutive terms on the two counts and appeals.

Two dwellings were entered by an intruder in the early morning hours of different nights. Two occupants of one house, and one of the other, saw the intruder, and all testified that he was appellant. The controverted issue at trial was that of identity. Each of the three householders was cross- examined vigorously as to her identification, but each remained firm. Defendant did not testify.

Appellant first asserts misconduct of the prosecution in voir dire of the jury. Defense counsel at trial (not the attorney appearing here) asked one prospective juror whether she would be able to limit use of evidence admitted only for a special or narrow purpose. Shortly thereafter, the prosecution referred to this defense question, and asked another venireman several questions as to his ability to apply that rule to evidence of prior felonies admitted only for the limited purpose of impeachment.

Although the questions were stated to be wholly hypothetical, and…