Stevens
People v. Stevens
Opinion
Lead Opinion
Duniway, J.
Defendant’s appeal, presented by court-appointed counsel, is from a judgment of conviction of arson (Pen. Code, § 447a). The evidence, while entirely circumstantial, pointed strongly to the defendant’s guilt, and it is not contended that the evidence is insufficient to sustain the verdict of the jury. We have carefully read the record and are convinced that it fully sustains the verdict. The sole witness for the defense was the defendant himself, and his testimony consisted of denials and of a claim that he was elsewhere at the time the fire was set.
Prejudicial error is asserted, based upon the following cross-examination : “Q. [Mr. Dean, deputy district attorney] : Mr. Stevens, have you ever been convicted of a felony ? A. I have once, back in 1945. Q. That was robbery in the State of Oregon, is that correct ? A. That is correct. I was in the Marine Corps at the time. I just got back from overseas. Q. Subsequently, you were out of the Marine Corps, isn’t that correct ? A. Finally. Q. On desertion, is that correct? A. No. Q. What was it? A. I was discharged from the Marine Corps because I was put on probation on account of it. Q. A dishonorable discharge? A. No. Undesirable. Q.…