Searcey

The defendant has been convicted of the crime of murder, and by the judgment of the court the extreme penalty of the law has been ordered. Many assignments of error are relied upon by this appeal, and they are all of a somewhat technical character. We will specially notice the more important ones.

*3 It is claimed that a challenge to the panel of jurors should have been allowed. The evidence taken upon the hearing of the challenge discloses a very lax performance of duty upon the part of the board of supervisors in selecting the list of trial jurors for the year. The sections of the code declaring what that duty is evidently either have not been closely studied by the board, or no real effort has been made to follow the law there laid down. It appears that the names of persons were placed upon the list which do not appear upon the last assessment-roll. That all names upon the list should appear upon the assessment-roll of the preceding year is an important requirement in the eyes of' the law. But the mere fact that some names of persons appeared upon the list that did not appear upon the last assessment-roll of the county, of itself is not a sufficient departure from the demands…