§ 426. A copy of the panel must be delivered by the sheriff, without charge, to the defendant, on demand.

§ 427. A challenge to the panel, is an objection made to all the trial jurors returned, and may be taken by either party, as well to the panel returned for the term, as to the additional panel ordered to complete the jury as prescribed by section 404.

§ 428. A challenge to the panel can only be founded on a material departure from the forms prescribed by statute, in respect to the drawing and return of the jury, or on the intentional omission of the sheriff to summon one or more of the jurors drawn.

§ 429. A challenge to the panel must be taken before a juror is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the ground of challenge.

§ 430. If the sufficiency of the facts alleged as a ground of challenge be denied, the adverse party may except to the challenge. The exception need not be in writing, but shall be entered in the minutes of the court.

§ 431. Upon the exception, the court shall proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true.

§ 432. If, on the exception, the court deem the challenge sufficient, it may, if justice require it, permit the

party excepting, to withdraw his exception, and to deny the facts alleged in the challenge. If the exception be allowed, the court may, in like manner, permit an amendment of the challenge.

§ 433. If the challenge be denied, the denial may, in like manner, be oral, and shall be entered on the mi

nutes of the court; and the court shall proceed to try the question of fact.

Upon such trial, the officers, whether judicial .434 ؟

or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.

§ 435. If, either upon an exception to the challenge, or a denial of the facts, the challenge be allowed, the court shall discharge the jury, so far as the trial of the indictment in question is concerned; and no other jury for the trial thereof, can be summoned for the same term. If it be disallowed, the court shall direct the jury to be impanelled.

§ 436. Before a juror is called, the defendant must be informed by the court, or under its direction, that if he intend to challenge any individual juror, he must do so when the juror appears, and before he is sworn.

§ 437. A challenge to an individual juror, is either, 1. Peremptory, or

2. For cause.

§ 438. It must be taken when the juror appears, and before he is sworn; but the court may, for good cause,

permit it to be taken after the juror is sworn, and before the jury is completed

§ 439. A peremptory challenge defendant only, and may be oral.

can be taken by the

It is an objection to

a juror, for which no reason need be given, but upon which the court shall exclude him.

§ 440. If the offence charged be punishable with death or with imprisonment in a state prison for life, the defendant is entitled to twenty peremptory challenges. On a trial for any other offence, he is entitled to five peremptory challenges.

§ 441. A challenge for cause may be taken either by the people, or by the defendant.

§ 442. It is an objection to a particular juror, and is either,

1. General, that the juror is disqualified from serving in any case or

2. Particular, that he is disqualified from serving in the case on trial.

§ 443. General causes of challenge are,

1. A conviction for a felony :

2. A want of any of the qualifications prescribed by statute, to render a person a competent juror :

3. Unsoundness of mind, or such defect in the faculties of the mind or the organs of the body, as renders him incapable of performing the duties of a juror.

§ 444. Particular causes of challenge are of two kinds :

1. For such a bias, as, when the existence of the facts is ascertained, in judgment of law, disqualifies the juror and which is known in this code as implied bias.

2. For the existence of a state of mind on the part of the juror, in referen e to the case, which, in the exercise of a sound discretion on the part of the triers, leads to the inference that he will not act with entire impartiality, and which is known in this code as actual bias.

§ 445. A challenge for implied bias may be taken for all or any of the following causes, and for no other:

1. Consanguinity or affinity within the ninth degree, to the person alleged to be injured by the offence charged, or on whose complaint the prosecution was instituted, or to the defendant:

2. Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the of fence charged, or on whose complaint the prosecution was instituted, or in his employment on wages:

3. Being a party adverse to the defendant in a civil action, or having complained against, or been accused by him in a criminal prosecution :

4. Having served on the grand jury which found the indictment, or on a coroner's jury which inquired into the death of a person whose death is the subject of the indictment:

5. Having served on a trial jury, which has tried another person for the offence charged in the indictment:

6. Having been one of a jury formerly sworn to try the same indictment, and whose verdict was set aside, or which was discharged without a verdict, after the canse was submitted to it:

7. Having served as a juror, in a civil action brought against the defendant, for the act charged as an offence:

8. Having formed or expressed an unqualified opinion or belief, that the prisoner is guilty or not guilty of the offence charged:

9. If the offence charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he shall neither be permitted nor compelled to serve as a juror.

§ 446. An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted.

§ 447. In a challenge for implied bias, one or more of the causes stated in section 445 must be alleged. In a challenge for actual bias, it must be alleged that the ju