State v. Roberts

EPHRAIM HANSON, Justice.

The defendant was found guilty of rape and was sentenced to the state prison for a period of not less than five years. In the selection of the jury the trial court limited defendant to four peremptory challenges. Defendant there contended, and contends here, that he was entitled to ten peremptory challenges. Section 105-31-15, R. S. Utah 1933, provides that

“the defendant and the state shall each be entitled to peremptory challenges as follows: (1) If the offense charged is punishable with death or by imprisonment for life, to the number of ten. (2) If the offense…