Cowley

Defendant was charged in the information with the crime of grand larceny, and upon his trial the jury returned a verdict of guilty of petty larceny. He was thereupon sentenced to pay a fine of $500, and in default of such payment to be imprisoned at the rate of one day for each $2 of said fine. From the judgment and order denying his motion for a new trial he prosecutes this appeal. The sufficiency of the evidence to support the verdict is not questioned, nor is any error assigned as to the rulings upon the admissibility or exclusion of evidence during the trial.

It is claimed that the defendant was prejudiced by improper conduct of the district attorney during the trial. The record shows that the defendant was a witness in his own behalf, and testified to the effect that he was a railroad employee of considerable experience, and had been employed in different capacities by different railroad corporations; that he had been in the railroad business in Michigan, Idaho, Pocatello, Salt Lake City and Arizona. He was then asked by the district attorney in cross-examination the following questions:

No objection or exception was taken to any of the above questions. The district…