Lytle

The information contained two counts. The first charged the defendant with the crime of assault with caustic chemical, as defined in section 244 of the Penal Code, in that he did, on or about December 8, 1915, throw upon the person of Thomas C. Potts a certain vitriol, corrosive acid, nitric acid, and caustic chemical, with intent to injure and dis-, figure the body and person of said Potts. The second count charges defendant with a like offense committed upon the same person, to wit, Thomas 0. Potts, on June 12, 1916. Defendant was found guilty as charged in each of said counts so contained in the information, and prosecutes this appeal from the judgment pronounced upon him following his conviction.

One of the chief errors assigned by counsel for appellant and to which he devotes a large part of a voluminous brief is that the court erred in denying his challenge for cause to certain jurors called to try the case. The condition of the record, however, is such that this court cannot review the alleged error. Under the law defendant was entitled to ten peremptory challenges, by the use of which, unless his right was exhausted by the exercise thereof, he might have excluded the…