Cooper

The district attorney filed an information against the defendant charging him with committing the offense defined in section 1 of the Statutes of 1911, page 10, as amended by the Statutes of 1921, page 96. A trial was had in the trial court before the court sitting with a jury. The jury returned a verdict of guilty. The defendant made a motion for a new trial; the motion was denied and he appealed from the order denying him a new trial and from the judgment rendered on the verdict. At this time he makes one point and that is that certain evidence was improperly admitted by the trial court.

The information followed the statute and pleaded that the defendant lived with the prosecuting witness. The defendant took the stand as a witness and testified in his own 'behalf. On cross-examination he was asked these questions: “You came to Oakland with Marie Cooper? That was at 716 Market Street, and that is where you lived with Marie Cooper?” To each of those questions the defendant’s counsel objected on the ground, among others, that in the information he was charged with the commission of one offense, but that the questions tended to prove that he was also guilty of another offense, to…