Garcia

The defendant was charged by information with the crime of assault with intent to commit murder alleged to have been committed on February 15, 1926, and upon trial was convicted of simple assault. Upon this appeal he urges as grounds for reversal that the court erred in ruling upon matters of evidence and in refusing to give the jury two instructions proposed by him; also misconduct on the part of the district attorney.

Thomas M. Hyland, a detective police sergeant, testified as a witness for the prosecution with reference to a conversation held with the defendant shortly after his arrest and as to the latter being identified at that time by the complaining witness and others. Defendant objected to much of the testimony and moved to strike out portions thereof, many of his objections and motions being sustained. At the conclusion of the direct examination the court stated: “I am going to strike out some of this testimony that is not admissible. All of the testimony of the witness given here this afternoon, until they started in about the row of the men, the line-up, everything previous to that. So there will be no misunderstanding on the part of the jury, we had better have the…