Dufur

Defendant was tried upon an information brought under section 549 of the Penal Code charging that he made and subscribed an affidavit and proof of loss with intent to present and use the same and to allow and cause the same to be presented in support of a false and fraudulent claim for loss by fire. The claim is alleged to have been false and fraudulent by reason of the fact that, whereas the claim was alleged to have been made for $250 on a policy of insurance upon household furniture and personal effects, such personal property was charged to be of the value of not to exceed $25. There was a second count based upon a claim arising out of another policy, but as the jury found the defendant not guilty as to this count, it needs no further mention.

The jury found defendant guilty as charged in the first count. He appeals from the judgment of conviction and from the order denying his motion for a new trial. As the judgment and order must be reversed, we will notice some alleged errors as to matters likely to arise again should there be a new trial.

1. It is contended that the court erred to defendant’s prejudice in refusing to fill the panel after a juror was excused and requiring…