Webster

— The defendant was convicted, in the court below, of assault, upon an information charging him with an assault with a deadly weapon.

It appears from the record that several exceptions were taken by the defendant to the rulings of the court; hut only two of them are urged here, and they are upon questions involving the admission and rejection of evidence.

*573 At the trial, one J. N. Marsh, who is the subject of the injury complained of in the information, was called and sworn as a witness for the prosecution. On cross-examination the question was asked him, if he, “witness, had not, since the arrest of defendant upon this charge, had defendant arrested and tried in the justice’s court on a charge of disturbing the peace, and if the jury did not acquit him of the charge." This question was answered by the witness in the affirmative, without objection from the prosecution. On redirect examination, be was asked by the district attorney to “ state the facts of that case." This he was permitted to do by the court, against the defendant’s objection, he, the witness, stating, among other things, in this connection, “that the defendant had tried to ride over him with his horse, while…