¶1The impeaching questions asked by the solicitor do not transgress the .rules of fair 'cross-examination. Likewise, the questions by the court were of a clarifying nature only. The assignments of error relating to both are without merit.
¶2The trial court was correct in ruling the evidence made out a case for the jury on the felony charge, which included the lesser offense of which the defendant was convicted.
¶3No Error.