Hartman

Defendant has been convicted of the crime of bigamy and appeals to this court.

It is first insisted that the challenge to the panel of jurors should have been allowed. The challenge was based upon the claim that the sheriff who summoned the jurors was biased. This officer was placed upon the stand and examined at length as to his state of mind, and w'e will not here detail his evidence. It may be conceded that it is not entirely explicit, and possibly is contradictory to some extent, yet he testifies that he had “no opinion as to whether or not the defendant was the husband of Mrs. Hartman,” and that issue was the principal issue in the case. The condition of mind of this officer was essentially a question of fact for the trial court to pass upon, and, as in the case of a trial juror challenged upon the ground of actual bias, it is only when the issue comes before this court as matter of law that it has jurisdiction to deal with it. Here the evidence is of a character that concludes us in holding that the denial of the challenge presents only an issue of fact. Under these conditions the action of the trial court will be upheld.

In this case the second marriage is conceded, and…