McSweeney

The defendant was convicted of the crime of murder in the first degree, and sentenced to imprisonment for life in the state prison, and appeals from the judgment, and from an order denying his motion for a new trial.

The only question presented for decision is whether or not the trial court erred in sustaining the objections of the district attorney to certain questions asked ,John McFee, a witness for defendant, on his re-examination by defendant’s attorney. The record does not show what questions were asked by defendant’s attorney on the direct examination, but shows that the witness testified that he was acquainted with the defendant; that he had known defendant for the last four or five years at Holcomb Valley, in San Bernardino county, where the homicide occurred; and that defendant’s “general reputation during the past four years, in the vicinity where he has resided, for peace and quietude, has been fair.” Upon cross-examination as to his means of knowledge of defendant’s character, he said he had not resided at Holcomb Valley prior to the homicide, but resided six or seven miles from there, and went up there only occasionally, and was “somewhat acquainted with the…