Cross

Appellant was convicted of a misdemeanor, it being charged that on or about the eighth day of March, 1923, he willfully and unlawfully sold and furnished a quantity of morphine, contrary to the provisions of the act of March 26, 1907 (Stats. 1907, p. 124), as amended, regulating the sale of poisons.

[1] It is contended, first, that appellant’s challenges for cause should have been allowed by the court as to four jurors, because they had testified that they were prejudiced in narcotic cases. Three of such jurors did not serve upon the case, and hence no prejudicial error could result. In People v. Schafer, 161 Cal. 573, 576 [ 119 Pac. 920, 921 ], it was said: “While the record shows that the defendant did subsequently exhaust his ten peremptory challenges, it does not appear that he had occasion or desire to use any additional peremptory challenge, or that each and all of the twelve jurors finally accepted and sworn were not entirely satisfactory to him. . . . This is not enough to warrant reversal for error in the ruling on the challenge for cause. ...” This states the situation in the instant case. The same rule is announced in People v. Kromphold, 172 Cal. 512 [ 157 Pac. 599 ],…