Sellars

Defendant David Hallam Sellars, appeals from a judgment of conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a)). The appeal lies. (Pen..Code, § 1237, subd. 1.)

Sellars contends that the trial 'court erroneously admitted testimony and allowed him to be cross-examined concerning his alleged prior misconduct. (See Evid. Code, § 1101, subd. (b).) Sellars also contends that a “supplemental” instruction given to the jury after it had informed the court that it was deadlocked was improper. We agree with this latter contention 1 and in light of the circumstances under which the instruction was given we hold its giving requires reversal.

Facts

This was the second trial of Sellars, growing out of an incident occurring April 13, 1976. A mistrial was declared at the first trial when the jury reported that a verdict could not be reached.

The testimony at the second trial was in accord that a highway confrontation between Sellars and a man named Shankle culminated in the following series of events: (1) Both Sellars and Shankle stopped their cars; (2) Shankle got out of his car and began walking toward Sellars’ car; (3) Sellars put his car in reverse; and (4)…