How have the courts dealt with misconduct allegations against a district attorney?

(1) The district attorney asked defendant on cross-examination if he had been fired from a certain ranch job for firing a gun at somebody. Objection on the ground that this was beyond the scope of direct examination was upheld and the jury was told to disregard this testimony. (2) The district attorney also asked defendant about the receipt he had claimed was made out for payment of the check in question, and defendant said he kept it and it was the one he asked his attorney 'for to have you to sign your signature.' The district attorney said he was not interested in what defendant told his office to do, but wanted a direct answer to his questions. No objection was raised by defense counsel. (3) Later on in this same cross-examination, defendant was asked certain immaterial questions in order to impeach him. The court on its own motion refused to allow the district attorney to continue, even though it was his stated purpose, given before the jury, to impeach the defendant, on the ground the matter was immaterial. No objection of misconduct was made as to any of these matters. As respondent points out, defendant cannot raise these matters for the first time on appeal. People v. Amaya, 40 Cal.2d 70, at page 78, 251 P.2d 324. [136 Cal.App.2d 468] (4) Defendant also claims that during a recess the district attorney made slanderous remarks about him in the presence of the jury. This alleged conduct was not called to the attention of the court nor was any request made for an instruction to the jury to cure the effect of it, and it does not appear in the record, or by way of affidavit, although defendant claims he can get affidavits, except by self-serving remarks of defendant himself at his motion for a new

Page 566