People v. Nonella

Defendant was convicted of the crime of an assault with intent to commit murder, and appealed from the judgment and order denying his motion for a new trial.

The motion for a new trial should have been granted by reason of error committed by the court in admitting improper evidence before the jury. Mrs. Nonella, wife of the defendant, was an eye witness to the affray, and testified in behalf of her husband. Upon cross-examination she was asked the following questions, which were answered in the negative: —

“Didn’t you tell Mrs. Bassi the night of the 22d of February, when no one was present but…