Loomer

By information the defendant was charged with the crime of murder. Upon trial therefor he was convicted of murder in the second degree, and by judgment of the court sentenced to twenty years’ imprisonment. He appeals from the judgment and an order denying his motion for a new trial.

The case was tried in department 12 of the superior court of Los Angeles county. It appears that after five men had been selected from the panel of jurors summoned to serve in this department and sworn to act as jurors in the trial of the case, the clerk then drew from the trial jury-box of department 12 four additional names of veniremen, which ex hausted the panel of jurors summoned to serve in said department. Thereupon the court made an order requiring the attendance in department 12 of the trial jury panel summoned for service in department 11 of the court, and from this panel the clerk proceeded to draw the names of three jurors, who, together with the four last drawn from the jury-box of department 12, were duly sworn to answer questions touching their qualifications as jurors in the case. This proceeding seems to have been in strict accord with the provisions of section 248, Code of Civil…