Hartwell

Defendant appeals from a judgment of conviction under section 288 of the Penal Code, and from an order denying his motion for a new trial. His first point is that the court erred in denying his challenge to the entire panel of the jury. In support of this challenge he called as a witness the county clerk, who produced and identified the list of jurors selected by the county supervisors to serve for the current year 1918'. This consisted of a typewritten list of several hundred names and addresses and bore no certificate. It appeared upon inspection thereof that some of the names, 21 in number, had been stricken off by drawing a line through them, and that changes had been made in various others of the names. These changes, for the most part, were apparently mere corrections of spelling, but in a few instances they were more material, such as the substitution of one initial for another, and in two or three instances the change of a first name. The clerk testified that all of these changes were made by him, or under his supervision, when the list was submitted to him by the board of supervisors; that they were made by him without any request or direction therefor; that he compared…