If it is charged that a person in this state aided the commision of a crime in another state which is a felony under the laws of this state, it must be alleged that the acts done constituted an offense under the laws of such other state. Cruthers v. State, 161 Ind. 139.

1867. Accessory after the fact.-226. Every person not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, to any person guilty of any felony, who shall, after the commission of such crime, harbor, conceal or assist any such offender, with intent that he shail escape from detection, arrest, capture or punishment, shall be deemed an accessory after the fact, and may be charged, indicted, tried, convicted and punished, though the principal be neither charged, indicted, tried nor convicted; and, on such conviction, he shall suffer the same punishment and penalties as are prescribed by law for the punishment of the principal. But in such charge the offense committed by the principal offender shall be stated, and it shall therein be charged that the accessory did so harbor, conceal, or assist such offender, with intent that he should ecape detection, arrest, capture or punishment.

See notes to section 1858, Burns' R. S. 1901.

[Acts 1905, p. 584. In force April 15, 1904.]

1868. How called-Solicitation.-227. The petit or trial jury used in civil cases shall act also in criminal cases, but shall consist of twelve qualified jurors; and where a jury trial is demanded, the sheriff shall call a jury in the manner prescribed by law or as directed by the court. Any person who solicits or attempts to influence the sheriff, or any of his deputies or bailiffs, to put him or another person on the jury shall be punished by imprisonment as for contempt. If any person be placed on the jury by such request it shall be good cause for challenge or new trial.

See sections 1859-1864, Burns' R. S. 1901, and notes.

1869. Challenges by accused.-228. In prosecutions for capital offenses, the defendant may challenge, peremptorily, twenty jurors; in prosecutions for offenses punishable by imprisonment in the state prison,

ten jurors; in other prosecutions, three jurors. When several defendants are tried together, they must join in their challenges.

See notes to section 1860, Burns' R. S. 1901.

1870. Challenges by state.-229. The prosecuting attorney shall have the same number of peremptory challenges as the defendant has in like cases.

1871. Causes for challenge.-230. The following shall be good causes for challenge to any person called as a juror in any criminal trial:

First. That he was a member of the grand jury that found the indictment.

Second. That he has formed or expressed an opinion as to the guilt or innocence of the defendant. But if a person called as a juror state that he has formed or expressed an opinion as to the guilt or innocence of the defendant, the court or the parties shall thereupon proceed to examine such juror on oath as to the ground of such opinon; and if it appear to have been founded upon reading newspaper statements, commnuications, comments or reports, or upon rumors or hearsay, and not upon conversation with witnesses of the transaction, or reading reports of their testimony, or hearing them testify, and the juror state on oath that he feels able, notwithstanding such opinion, to render an impartial verdict upon the law and evidence, the court, if satisfied that he is impartial and will render such verdict, may, in its discretion, admit. him as competent to serve in such case.

Third. If the offense charged be punishable with death, that he entertains such conscientious opinions as would preclude his affixing the death penalty if the defendant should be found guilty.

Fourth. That he is related within the fifth degree to the person alleged to be injured or attempted to be injured, by the offense charged, or to the person on whose complaint the prosecution was instituted, or to the defendant.

Fifth. That he has served on a petit jury which was sworn in the same case against the same defendant, and which jury was discharged after hearing the evidence, or rendered a verdict which was set aside. Sixth. That he served as a juror in a civil case brought against the defendant for the same act.

Seventh. That he has been subpoenaed in good faith as a witness in the case.

Eighth. That he is an habitual drunkard.

Ninth. That he is an alien.

Tenth. That he has been called to sit on the jury at his own solicitation or that of another.

Eleventh. That he is biased or prejudiced for or against the defend

ant.

Twelfth. That he does not have the qualifications for a juror prescribed by law.

Thirteenth. That, from defective sight or hearing, ignorance of the English language or other cause, he is unable to comprehend the evidence and the instructions of the court.

Fourteenth. That he has a personal interest in the result of the

trial.

Fifteenth. If he is not a member of the regular panel, that he has served on a jury within twelve months immediately preceding the trial. See notes to section 1862, Burns' R. S. 1901.

Jurors may be challenged for causes that are not specified by statute. Gaff v. State, 155 Ind. 277.

Deputy sheriffs are incompetent to serve as jurors in criminal actions. Gaff v. State, 155 Ind. 277.

When the punishment may be death, the state may challenge jurors who entertain conscientious scruples against inflicting the death penalty. Coppenhaver v. State, 160 Ind. 540.

1872. Challenges summarily tried.-231. All challenges for cause shall be made before the jury is sworn to try the cause, and shall be summarily tried by the court on the oath of the party challenged or other evidence.

See notes to section 1863, Burns' R. S. 1901.

1873. Talesmen.-232. Whenever it becomes necessary to summon a juror from the bystanders, the court shall instruct the sheriff to call no person as a juror who has either solicited or been recommended for the position; and the court may, of its own motion or at the request of either party, direct the sheriff to summon the talesmen from persons outside the court house.

See notes to section 1864, Burns' R. S. 1901.

[Acts 1905, p. 153. In force March 4, 1905.]

1873a. Jurors from other counties.-1. That when a prosecution for felony is pending in any court of this state having jurisdiction, and before or during the impaneling of a jury therein, the judge of such court shall be satisfied, after having made a fair investigation in good faith for that purpose, that from any cause it will be improbable that a jury, without bias or prejudice, can be obtained within the county wherein the prosecution is pending, he shall enter an order of such determination and shall include in such order a request upon the judge of the circuit court of an adjoining county to be named in such order, to forthwith procure the drawing of names for a jury to be summoned to appear before the court to serve as jurors in such cause at a time to be named in such order. And the clerk of the court wherein such order is made shall forthwith transmit a transcript of such order to the judge of the circuit court of the county therein named.

See section 13 of article 1 of the constitution on the right of trial by jury in the county where an offense is committed.

1873b. Jury commissioners-Summons by sheriff.-2. Immediately upon the receipt of such transcript, the judge of the circuit court to which such transcript is addressed shall call together the jury commissioners of the county therein named, and such jury commissioners shall immediately proceed to draw from the jury box of such county twentyfive names. Such drawing to be in all respects as provided for the drawing of jurors in other cases, and the clerk of such circuit court shall immediately certify the list of names so drawn to the clerk of the circuit court of the county wherein said cause is pending and shall also issue a summons directed to the sheriff of his county for such persons to appear at court where said cause is pending at the time named in the transcript aforesaid, and such sheriff, upon the receipt of such summons shall immediately summon said persons and shall forthwith make return of service of such writ to the court, where said cause is pending.

1873c. Additional jurors-Summons.-3. If upon the impaneling of the jury, it shall be found that a fair and impartial jury can not be secured from the names selected as provided in the foregoing section, then the sheriff of the county where said cause is pending shall be ordered by the judge of such court to proceed to an adjoining county and summon from the body of its citizens a sufficient number of quali, fied resident freeholders of such county to complete such panel.

1873d. Attachment-Contempt.-4. If any person so summoned as herein provided shall fail to obey such summons he shall be subject to attachment and proceedings for contempt by the court where said cause is pending, the same as in other cases.

1873e. Fees of officers and jurors. 5. The sheriff, clerk, jurors or other officer shall receive for their services the same fees, mileage and per diem as are provided by law for like services in other cases, to be paid by the county in which said cause originated upon the order of the court trying the same.

[Acts 1905, p. 584. In force April 15, 1905.]

1874. Witness How summoned.-233. Witnesses on behalf of the state or of the defendant, in a criminal prosecution, may be compelled to attend and testify in open court, if they have been subpoenaed, without their fees being first paid or tendered. The court may recognize witnesses, with or without surety, to attend and testify at the same or the next term.

See sections 1865-1889, Burns' R. S. 1901, and notes.

1875. Rules of evidence-Competency of witnesses.-234. The rules of evidence prescribed in civil cases and concerning the competency of witnesses shall govern in criminal cases, except as otherwise provided in this act.

See notes to section 1865, Burns' R. S. 1901.

A request made by a patient to a physician to commit a crime can not be regarded as a privileged communication. Seifert v. State, 160 Ind. 464.

1876. Who are competent witnesses.-235. The following persons are competent witnesses:

Second.

All persons who are competent to testify in civil actions.

The party injured by the offense committed.

Third. Accomplices, when they consent to testify.

Fourth. The defendant, to testify in his own behalf. But if the defendant do not testify, his failure to do so shall not be commented upon or referred to in the argument of the cause, nor commented upon, referred to, or in any manner considered by the jury trying the same; and it shall be the duty of the court, in such case, in its charge, to instruct the jury as to their duty under the provisions of this section. See notes to section 1867, Burns' R. S. 1901.

1877. Gaming.-236. Any person called as a witness to testify against another for gaming, or for keeping any gaming apparatus or any devise [device] or trick to procure money, or for keeping a place to be used for gaming, or for engaging in any lottery scheme or gift enterprise or raffle, is a competent witness to prove the offense, although he may have been concerned as a party, and he shall be compelled to testify as other witnesses; but such evidence shall not be used against. him in any prosecution for such or any other offense, and he shall not be liable to trial by indictment or affidavit, or to punishment for such offense.

See notes to section 1868, Burns' R. S. 1901.

1878. Misdemeanor-Use of evidence.-237. Whenever any person is required to testify touching the commission of any misdemeanor, his evidence therein shall not be used in any prosecution against him, except in case of perjury committed by him therein; and he shall not