Atherton

The prisoner having been convicted in the court below of the crime of murder in the first degree, in the felonious killing of Edgar Gr. May, and adjudged to suffer death, brings this appeal from the judgment, and from an order denying his motion for new trial:

1. We are unable to discover any error in the action of court below denying the motion of the prisoner to change the place of trial of the case. Though the point is made in form, no argument in its support has been submitted, and it is understood to have been abandoned.

2. In impaneling the trial jury, T. V. Johnson, who had been returned upon the venire, having stated that he “did not like to have anything to do with a case where death was at stake,” was thereupon challenged by the District Attorney for implied bias. The challenge was sustained by the *496 court, and Johnson not permitted to serve as a juror. To the action of the court in sustaining the challenge, an exception was reserved by the prisoner. Section 1170 of the Penal Code (which is in this respect identical with section 433 of the former Criminal Practice Act), provides that on the trial of an indictment, exceptions may be taken by the prisoner to a…