Gillis

The defendant, William Gillis, was prosecuted by information for an assault with a deadly weapon upon the person of one Till Vasquez, and upon trial by a jury was convicted of “simple assault.”

Judgment was rendered upon the verdict, imposing a five of two hundred dollars. From the judgment, and from an order denying a motion for a new trial, this appeal is taken. Two errors are assigned by the appellant.

1. At the trial the prosecution was conducted by District Attorney Johnstone Jones, and J. L. Copeland, Esq., as associate counsel. Upon cross-examination, counsel for defendant asked Till Vasquez, the prosecuting witness, the following question: “ Have you employed Mr. Copeland in this case?”

The question was objected to as immaterial and irrelevant. Counsel for appellant insisted the question was intended to show the interest of the witness. The court sustained the objection, remarking: “It is presumed the prosecuting witness has interest. I do not think it necessary.” This ruling is assigned as error.

It is a well-settled doctrine that in determining the guilt or innocence of one charged with crime, it is proper to inquire of a witness for the prosecution, on…