Yoho

The appellant was convicted of the crime of larceny as defined in § 65-5-41, Alaska Compiled Laws, 1949. The indictment charged that he with another stole a divan and other personal property from the home of one Belval near Fairbanks, Alaska.

Among the errors claimed and specified by the appellant was the action of the court in denying appellant’s request for additional time to prepare for a new trial following a mistrial which resulted from a disagreement of the jury^ Appellant had previously been brought to trial on the same charge and the mistrial developed and the jury was discharged on January'23, 1952. The case was then set down for retrial five days later, January 28. The action of the court in refusing the request of appellant’s counsel for more time to prepare for the retrial was a matter within the sound discretion of the trial judge. Isaacs v. United States, 159 U.S. 487, 489 , 16 S.Ct. 51 , 40 L.Ed. 229 . The record is barren of any evidence suggesting an abuse of that discretion.

Appellant also complains of the manner in which the jury was selected because the trial judge limited the drawing of jurors to those who had telephones or who lived within a fifteen mile…