He has demonstrated no abuse of discretion here which would justify a reversal. Martinez v. People, 129 Colo. 94, 267 P.2d 654; Monchego v. People, 105 Colo. 486, 99 P.2d 193. The judgment is affirmed.
With reference to assignments 4 and 5 above stated, it is sufficient to say that, in the matters of which complaint is made, the trial court had discretion. It is very clear that no abuse of that discretion was established. Monchego v. People, 105 Colo. 486, 99 P.2d 193; Warren v. People, 121 Colo. 118, 213 P.2d 381. Questions to be Determined.
All of this, connected with the statement of the district attorney in his opening argument that the defendant was twenty-three years old and no semblance of proof whatever, does show a strong inclination to obtain a conviction without strict compliance with desirable procedure. We said in Monchego v. People, 105 Colo. 486, 99 P.2d 193, that it was not error to permit the district attorney to reopen the people's case for the purpose of showing the age of the defendant, and the ruling of the court was in the following words: "As to the court's permitting the district attorney to reopen the people's case for the purpose of showing the age of the defendant, we think the permission was properly granted. Failure to introduce the evidence in the first instance clearly was an inadvertent oversight on the part of the prosecution, and the court's action was well within its discretion.