Stringer

This is an appeal from a judgment convicting defendant of the crime of obtaining money by false pretenses. Defendant also appeals from an order denying his motion for a new trial.

Appellant took the stand as a witness in his own behalf. On his cross-examination the record shows the following: “Q. Have you ever been convicted of a felony? A. I have not. [Counsel for Appellant]: That is objected to as incompetent, irrelevant and immaterial, no foundation having been laid and not the best evidence. The Court: Overruled. He may answer yes or no. A. I certainly have not.” The only point upon which appellant contends for a reversal is that the court erred in permitting an answer to the question asked, and that the district attorney was guilty of misconduct in putting it, although it will be observed that the answer was favorable to appellant. A further excerpt from the record is necessary in order fully to present the point for which appellant contends. Following immediately the quotation above made the cross-examination continued: “Q. Weren’t you convicted of the crime of obtaining money by false pretenses in this very courtroom? A. I want to beg your pardon. Pardon me, please, in…