Criminal Law—Motion to Set Aside Information—Postponements of Preliminary Examination.—A motion to set aside an information on the ground, that the record of the preliminary examination shows postponements for more than two days, and is silent as to whether they were made at his request or with his consent, was properly denied.

Id.—Information for Injuring Public Jail—Following Statute— Appellation of Offense.—An information charging the offense of injuring a public jail, which substantially follows the language of the statute, is sufficient. It need not give the appellation of the offense as a felony or misdemeanor.

Id.—Construction of Penal Code—Felony.—Section 606 of the Penal Code, for the violation of which the defendant was prosecuted, for injuring a public jail, provides a punishment both by fine and by imprisonment in the state prison, conjunctively; and the crime defined therein is a felony, and not a misdemeanor.

Id.—Evidence—Broken Bars of Iron.—Upon the trial of such offense, the bars of iron of the public jail, broken and cut by the defendant, were admissible in evidence against him, when sufficiently identified as constituting part of his cell.

Id.—Confinement in Jajl—Motive of Offense.—Evidence that the defendant was confined in the jail when the bars were broken is admissible, as tending to show a motive to commit the offense charged in an attempt to escape.

Id.—Cross-Examination—Bias of Witness—Insufficient Record.— The exclusion of a question asked upon cross-examination, to show the interest or bias of the witness against the defendant, will not be reviewed where there is nothing in the record to indicate that the testimony sought was material on the question of the bias of the witness.

Id.—Surrender of Defendant by Bondsmen—Legality of Confinement.—^ Where the defendant claimed that he was not legally in jail when the bars were broken, it is proper to show that he was surrendered by his bondsmen on a charge of felony. If his imprisonment was illegal, he had an ample remedy, and that could not justify his breaking or injuring the public jail.

Id.—Instruction as to Defendant’s Testimony.—An instruction requested as to the testimony of defendant, in the exact language of the instruction in People v. Cronin, 74 Cal. 191, 195, is sustained with reluctance. Justice would be more surely accomplished if no such instruction were given, and the credibility of the defendant were left entirely to the jury.

Id.—Disqualification of Juror—New Trial.—A new trial cannot be granted for the disqualification of a juror. An objection to a juror must be taken before he is sworn to try the cause, unless the court permits it to be taken before the jury is completed.