State v. Davidson

The opinion of the court was delivered by

Cunningham, J.:

The appellant, a boy under the age of sixteen years, was put upon his trial under an information charging that he had committed a rape by carnally knowing a female child under the age of eighteen years. Over his objection, he was limited to four peremptory challenges in the selection of a jury. Section 198 of the code of criminal procedure (Gen. Stat. 1901, §5640) reads as follows:

“The defendant in every indictment or information shall be entitled to a peremptory challenge of jurors in the following cases, as follow:

“First,' If the…