77 P. 952 | Cal. | 1904
The appellant, with one Gerard, was convicted of burglary, and appeals from the judgment and from an order denying his motion for a new trial. The only points made by his counsel are: 1. Misconduct of the district attorney on the trial prejudicial to the accused; 2. That the district attorney was permitted on the trial to read from the testimony of a witness given at the preliminary examination for the purpose of refreshing his memory; and 3. That a witness who had testified as to a conversation with the defendant Gerard was permitted on redirect examination to testify as to another conversation.
These objections, with perhaps one exception, are of a trivial character. As to the last point, the matter was within the discretion of the court. (People v. Benc,
We advise that the judgment and order appealed from be affirmed.
*305Chipman, C., and Harrison, C., concurred.
For the reasons given in the foregoing opinion the judgment and order appealed from are affirmed.
McFarland, J., Henshaw, J., Lorigan, J.