Ark

— The appellant was convicted of murder, and sentenced to imprisonment in the state prison for life. A motion for a new trial was made and denied, and from the order denying the motion, and from the judgment, the defendant has appealed.

The appellant’s chief contention is, that the court abused its discretion in overruling the defendant’s challenge for actual bias, made to several of the persons who were examined as to their qualifications to serve as jurors. Section 1170 of the Penal Code does not provide for an exception to a challenge for actual bias, and it has been held here in several cases that there is no exception, and that there can be no review of the ruling upon such a challenge. The appellant contends, however, that the section referred to is unconstitutional and void, because “ it deprives the accused of the right to except to the decision of the trial court in disallowing a *127 challenge for actual bias, urged by the accused against a proposed juror, and takes away from the accused the safeguard of a trial by an impartial jury, and deprives him of his life or liberty (without due process of law.' ” But we are not called upon to determine the constitutionality of…