Magni

This is an appeal by the defendant from a judgment of conviction of a felony, to wit, assault with a deadly weapon with intent to commit murder. The principal point urged for reversal is that the district attorney was guilty of misconduct in the trial of the case, such claim being predicated upon an incident which occurred during defendant’s cross-examination and which appears in the record thus:

We think the admonition given by the court to the jury and above quoted was scarcely sufficient to correct the injustice that had been done the defendant before the jury, both by the questions and remarks of the district attorney and the action of the court in reprimanding defendant’s counsel instead of the district attorney, who was clearly in error.

We may say that it is clear from the record that all parties concerned were trying to do their duty as they saw it, and it is possible that the manner of defendant’s counsel in making his objections may have been affected by the excitement of the trial and he may have contributed, thus, indirectly, to the unfortunate situation which arose. However, the cold printed page of the transcript does not reveal this and the attorney-general has…