Page:Bone v. State (1940).pdf/3

 attorney is a sufficient compliance with the requirements of the statute. Section 2829, Okla. Stat. 1931."

(2) Next appellants complain because the court refused to excuse by-stander juror, Buford Harris. After eleven jurors had been selected, and appellants had exhausted all but one of their challenges, five by-standers were called. When this list was called to answer questions by the clerk, F. A. Longloy was third on the list and Buford Harris was fourth. The clerk testified that he called Harris first because he came into the courtroom first; that he had no preference of one juror over another. We think it clear that no error was committed here. Appellants were not entitled to the services of any particular juror. In matters of this kind the trial judge must necessarily exercise a wide discretion. No prejudice, or the denial of any material rights of appellants, appears here.

In Sullivan v. State, 163 Ark. 11, 258 S.W. 643, this court, with reference to the selection of trial jurors from the regular panel, said: "These were matters over which the circuit judge must necessarily have a wide discretion. It is thoroughly settled that a defendant has no right to the services of any particular juror. He may only demand that he be tried before a fair and impartial jury, "

(3) Complaint is next made that the trial court refused to call negroes for service on the by-standers list of jurors after the regular panel had been exhausted.The record reflects that there were three called for jury service on the regular panel and three on the special panel. Forty-six men were examined.

It further appears that all by-standers called were white persons selected outside of the courtroom by the sheriff at the request of counsel for appellants. Mr. Harris, deputy sheriff, testified that he called men for jury service around town over the phone and did not know until the men reached court whether they were negroes or white persons, and that he had no prejudice against calling a negro. We think it clear that no discrimination against the negro, on account of his race or