Mechler

The defendant and one Villa were indicted on the charge of “asking and receiving bribes.” (Pen. Code, sec. 68.) The defendant Mechler was tried and the jury brought in a verdict of guilty “of felony, to wit, a violation of section 68 of the Penal Code of the State of California, as charged in the indictment.” The defendant moved for a new trial, but his motion was denied. Thereupon judgment was pronounced against him and he has appealed from the order denying his motion for a new trial and from the judgment of conviction.

At the time of his arraignment the defendant demurred to the indictment; the demurrer was overruled and at this time the defendant urges that ruling as error. The charging part of the indictment was as follows:

In his brief the appellant cites numerous rulings on the admission or exclusion of evidence as being errors. We have examined each one and find no merit in any of the assignments except as we have noted below. When Mr. Smith, the prosecuting witness, was on the stand as a part of the cross-examination the attorney for the appellant propounded to him a question and the following proceedings were had: “Mr. Carr: Isn’t it a fact that in the first trial of…