Russo

Defendant appeals from a judgment of conviction of the crime of murder in the first degree. Upon recommendation of the jury, the sentence was imprisonment. The testimony shows that the defendant shot and killed Rosilina La Fata upon a public street in San Francisco on February 27, 1924. Defendant was identified by witness Robert Lantz, who was standing within a few feet of the deceased at the time of the murder, and also by witness Martin M. Armstrong, who heard the fatal shots fired and saw the defendant fleeing the scene of the murder.

The assignments of error are certain rulings sustaining objections to evidence, and one instruction given.

On cross-examination witness Lantz was asked if he had any particular business that took him to the soft-drink parlor which was in the neighborhood of the crime, where he had met the deceased. A general objection to this question was sustained. Appellant suggests several possible ways in which an answer to this question might be of benefit to the defendant, but they are not called for by the question. Also the record shows that the cross-examination of the witness did not restrict inquiry into the subject matters now suggested by appellant.…