M'Kay

The defendant was convicted of the crime of manslaughter, and appeals from the judgment and from an order refusing a new trial.

1. The first point made on the, appeal arises upon the challenge "to the panel. The objection goes merely to the mode of service •of the venire. It is not shown that the sheriff intentionally ■omitted to summon any juror drawn. In fact, it does not appear that the jurors drawn were not all in attendance. This objection constitutes no ground of challenge to the panel. The challenge *630 to the panel formed under the special venire is not based upon any statutory ground.

2. It is contended that the court erred in admitting the evidence of the witness Gerke, as to what defendant said and did in procuring the pistol with which it is charged that he committed the homicide.

Defendant was charged with killing Eobert Curry. There was evidence tending to show that a few minutes before the homicide defendant had had an altercation with one Barron, who had beaten him; also, that he went immediately to Gerke’s house; which was near by, caught up a pistol belonging to Gerke and rushed back -with it, had presented it in a threatening manner toward Barron, when Curry…