Slater

The defendant was tried upon an information for talcing away from her father a female under the age of eighteen years, without his consent, for the purposes of prostitution. He was convicted, and sentenced to imprisonment at San Quentin for two years and six months, and to pay a fine of one thousand dollars, and he now appeals from said judgment and from an order denying a new trial.

1. A venire was issued for thirty jurors, and it was served by the sheriff. The defendant challenged the panel upon the ground that the sheriff was examined as a witness on behalf of the people upon the preliminary examination of the defendant.

This challenge was properly denied. The sheriff testified that he had no bias whatever against the prisoner, and therefore the challenge was not good under subdivision 2 of section 1073 of the Penal Code, nor was there any implied bias within the provisions of section 1074 of the same code. Section 303, suh *622 division 4, of the Code of Civil Procedure has no application, the only grounds for such challenge in criminal cases being specified, in above-named sections of the Penal Code. Section 1046 of the Penal Code refers to the “manner” in which juries in…