Allen

This case is a companion to that of People v. Horgan, ante, p. 105, [ 162 Pac. 399 ], Crim No. 505, an opinion in which, affirming the judgment therein, was this day filed. The defendant here was jointly charged with Horgan and one Dan Boyd with robbing Jacob Widener. Upon trial he was convicted of assault with intent to rob one Jacob Widener. He appeals from the judgment and an order of court denying his motion for a new trial.

The facts as to the commission of the offense are identical with those presented in the Horgan case, and, as in that, the defendant here complains of a number of rulings by the court in admitting and excluding evidence, some of which were discussed in the Horgan case. As to these it is unnecessary to repeat what was there said.

Dan Boyd, a witness for the defense, was, on direct examination, interrogated as follows: “Q. Have you been approached by anybody, either the sheriff or district attorney of this county, to change your testimony as given at the two former trials of this case ? Q. Is it not a fact that an officer from the district attorney’s office came to you while you were in the county jail, and endeavored to get you to change your testimony ?…