Thе defendant, Hercules Bodie, was charged by bill of information with aggravated battery in violation of LSA-R.S. 14:34.
On November 11, 1983, at approximately 11:30 p.m., Raymond Laurich, a resident at the Volunteers оf America dormitory at 917 Toulouse Street in New Orleans, heard a sound while in his bed in the dormitory
Thе defendant claims that he was sleeping when McWhorter awakened him and accused him of urinating on the floor. After McWhorter told the defendant that Laurich had reported thе incident, the defendant contends that he approached Lau-rich and noticed that he was wearing a watch which belonged to the defendant. According to the defеndant, Laurich realized that the defendant was looking at the watch and grabbed a nearby radio with which he attempted to strike the defendant. The defendant claims that he then stаbbed Laurich in self-defense.
A review of the record reveals that there are no еrrors patent.
In his only assignment of error, thé defendant contends that the trial court erred in denying his motion for mistrial. This motion was based upon the prosecutor’s questions to the defendant at trial concerning defendant’s prior convictions. Specifically, the defendant argues that because the prosecution did not introduce certified copiеs of the F.B.I. record sheet into evidence prior to questioning the defendant, a proper predicate was not established and a mistrial was warranted.
There is no merit whatsoever in the defendant’s argument. LSA-R.S. 15:495 states as follows:
“Evidence of conviction of сrime, but not of arrest, indictment or prosecution, is admissible for the purpose of impеaching the credibility of the witness, but before evidence of such former conviction сan be adduced from any other source than the witness whose credibility is to be impeached, he must have been questioned on cross-examination as to such conviction, and have failed distinctly to admit the same; and no witness, whether he be defendant or not, can be asked on cross-examination whether or not he has ever been indicted оr arrested, and can only be questioned as to conviction, and as provided herein.”
It is well established that evidence of prior convictions is admissible to question a defendant’s credibility when he chooses to take the stand and testify in his own behalf. LSA-R.S. 15:495; State v. Chenier,
Therefore, for the reasons statеd above, the defendant’s conviction and sentence are affirmed.
AFFIRMED.
Notes
. LSA-R.S. 14:34 states:
Aggravated battery is a battery committed with a dangerous weapon.
Whoever commits an aggravated battery shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both.
