Rollins

The defendant was convicted of murder in the first degree for the unlawful killing on July 9, 1918, of one Charles G. Allen and sentenced to death. This is an appeal by him from the judgment and from an order denying a new trial.

No question of insufficiency of evidence is presented. Admittedly the evidence conclusively shows thal; defendant and a companion named Rogers went tó the house occupied by deceased, which was some two or three miles from Knight’s Ferry, in pursuance of a plan to there commit the crime of robbery, and that there, in the perpetration of the robbery, they brutally killed the deceased.

The only point made on the appeal is that the trial court erred in allowing challenges interposed by the district attorney to several jurors under subdivision 8 of section 1074 of the Penal Code, which provides as follows: “If the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror.” There were several jurors excused by the trial court on¡ challenge by the district attorney on this ground. As to all of them it…