Richiee

By an amended information defendant was accused not only of the crime of assault with a deadly weapon, but as well of theretofore having been convicted of a felony. On arraignment, he admitted the truth of the latter charge, but pleaded not guilty as to the former. Following his conviction of the charge of assault with a deadly weapon, he has appealed from the ensuing judgment and from an order by which his motion for a new trial was denied.

Appellant presents two points for reversal of the judgment : First, that the verdict of the jury was not sustained by the evidence; and secondly, that the trial court committed prejudicial error in that, on cross-examination of defendant as a witness in his own behalf, the trial court permitted the prosecution to inquire of defendant whether he had ever been convicted of a felony.

With reference to the first point, an examination of the transcript on appeal reveals the situation that the evidence offered by the prosecution, although contradicted in many essential particulars .by defendant, was ample to sustain the verdict. It would serve no useful purpose to set it forth herein. In accord with a host of authorities, the appellant’s position…