People v. Smith

The defendant, having been convicted of the crime of incest, appeals from the judgment on the verdict, and from an order denying his motion for a new trial.

On behalf of appellant it is claimed that he was prejudiced by certain questions, insinuations and remarks by the district attorney, which occurred during the cross-examination of the defendant, all of which it is claimed caused passion and prejudice against the defendant in the minds of the jury. During said cross-examination the defendant had testified .to the fact that while under arrest he was taken from the city jail and was kept for…