McCombs

Defendant, convicted by a jury of the crime of grand theft, appeals from the judgment and from an order of the trial court denying a new trial.

The information alleged that he had suffered two prior convictions of felonies for which he had been imprisoned; the first, burglary; the second, violation of section 37, F. C. C. and National Motor Vehicle Theft Act, which convictions were admitted by the defendant.

Appellant claims that the trial court was guilty of misconduct in questioning defendant during the trial about the felonies of which he had been convicted, the convictions having been admitted by defendant at the time of arraignment; that the court erred in refusing to permit cross-examination of the complaining witness concerning his testimony at the preliminary hearing; that the verdict is contrary to the evidence by reason of the improbability that the complaining witness’ identification of the defendant was correct. Considering these objections in reverse order—it appears from the record before us that the evidence was clearly sufficient to show that the defendant is the person by whom the crime was committed.

The contention of appellant’s counsel that his…