Stefini

The defendant was accused by an information filed in the Superior Court of Nevada County of the crime of assault with a deadly weapon with intent to commit murder alleged to have been committed on or about the ninth day of July, 1930, upon the person of one Bob Pini. The defendant entered a plea of not guilty and upon the issue thus raised the cause was tried with a jury, which returned a verdict of guilty of the crime of assault with a deadly weapon. He thereupon made a motion for a new trial, which was denied and the court thereupon sentenced him to imprisonment in the state prison at San Quentin for the term provided by law. Prom the judgment and the order denying his motion for a new trial the defendant has appealed.

The only point relied upon for a reversal of the judgment is the admission of certain evidence, which it is claimed was prejudicial to the defendant. The defendant offered himself as a witness in his own behalf. On cross-examination, and without any objection, he was asked for the first time what business he had been following for the period of about two years prior to July 9, 1930, the date of the assault, to which he replied that he had no business.

In…