People v. Montgomery

By the Court:

1. There was no error in granting leave to the prosecution to interpose a peremptory challenge to the juror Duncan, under the circumstances stated in the bill of exceptions. Under sec. 1068 of the Penal Code, the Court, in the exercise of a sound discretion, may permit a peremptory challenge, even after the jury is sworn; and a fortiori, it may permit it before the jury is sworn, even though the juror is accepted; and it will not be presumed the Court abused its discretion.

2. If the Court erred in permitting the prosecution to put in evidence so much of the dying declaration of…