California, United States of America
The following excerpt is from People v. Gardner, 128 Cal.App.2d 1, 274 P.2d 908 (Cal. App. 1954):
This evidence was properly received. Defendant when arrested had denied that he had been previously convicted of a felony. In People v. Newman, 102 Cal.App.2d 302, 307, 227 P.2d 470, 473, the rule is correctly stated thus: '* * * Having taken the witness stand and denied the accusation, he subjected himself to impeachment by showing that he had suffered prior felony convictions and the nature of them. By such impeachment the prosecutor did not violate the provisions of section 1025 of the Penal Code. * * *'
Seventh: That the deputy district attorney was guilty of misconduct in several instances.
We have examined the record and find that there is no merit in such contention. In addition, there is the general rule that any objectionable remarks of the prosecuting attorney must be opposed when made and the court requested to admonish the jury to disregard them before they can be made the basis for appeal. (People v. Codina, 30 Cal.2d 356, 362, 181 P.2d 881.)
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