The appeal is from the judgment and from the order denying a new trial.
Defendant was charged, upon information, with the crime of rape upon a girl then under the age of sixteen years.
I. It is claimed that -the court erred in refusing to allow defendant’s counsel to examine a juror upon- the voir dire, for the purpose of determining whether or not a peremptory challenge should be used upon him. The records of the cases appealed to this court in which rulings made while impanel-ling a jury have been involved, indicate that there is an increasing tendency to prolong the proceedings inordinately by allowing counsel on either side to indulge in tedious examinations of jurors, apparently with no definite purpose or object in view, but with the hope of eliciting something indicating the advisability of a peremptory challenge, and that the supposed privilege of doing this has been greatly abused. Remarks in some of the decisions in this state upon this subject are apparently conflicting. It may be that this has led trial courts to give counsel great latitude, rather than risk prejudicial error by confining the examination to reasonable limits. We deem it important, therefore, to…