Lewis

The defendant was charged by information with the crime of assault with intent to commit murder, the information also setting up a prior conviction. To the latter charge he pleaded guilty, but went to trial on the other, and was convicted. From the judgment and from an order denying his motion for a new trial he prosecutes this appeal.

The principal point urged by the defendant for a reversal of the judgment is misconduct on the part of the prosecuting officer.

The assault for which the defendant was being tried was committed on his wife, who was living apart from him; and it appears from the record that just prior to the assault the defendant called on her and besought her to live with him again, but she refused to do so. The defendant offered himself as a witness at the trial, and upon his cross-examination admitted that he had been convicted of a felony. In the course of his argument to the jury, the assistant district attorney stated that the defendant’s wife had refused to live with him because he had been convicted of a felony. There was no evidence in the ease that she had refused to live with him upon this ground, and upon objection by the defendant the prosecuting…