Neary

Appellant was charged by information with the murder of his wife, Catherine Neary, and was convicted of murder in the second degree. He appeals from the judgment, and from an order denying his motion for a new trial.

1. Appellant objected to being required to plead, upon the ground that he had not been arraigned, because there was not read to him at the time of his alleged arraignment a list of witnesses. Assuming that the point sought to be presented can be raised upon such an objection without moving to set aside the information, still, as there is no requirement that the names of witnesses shall be indorsed upon an information — section 943 of the Penal Code applying only to indictments —the “list of witnesses” mentioned in section 988 can apply only to an arraignment in a case where there has been an indictment. (See People v. Sherman (Cal., April 11, 1893), 32 Pac. Rep. 879 .)

2. The court did not err in denying appellant’s challenge to the panel on the alleged ground of the disqualification of the officer who summoned the jurors. Waiving all other questions, the evidence on the point was not of such a character as to give us warrant to declare that the court erred in…