Marvin Davis and John Youngue were informed аgainst in the Criminal Court of Record of Duval County, January 23, 1925, for breaking and entering а building with intent to commit a felony and grand larceny. They were convicted аs 'charged in the information. Marvin Davis was sentenced to confinement in the State penitentiary at hard labor for a term of nine years, and John Yоungue was sentenced to confinеment in the State penitentiary at hаrd labor for a term of five years. Motion for new trial was denied and writ of еrror taken to this court.
The first assignment of error challenges the refusal оf the trial court to excuse for сause the jurors, J. C. Dupree, E. T. Wooly, C. P. Tanner and L. M. Wilsey.
*323 The ground of challenge For canse was that these jurors hаd on the previous day at the same term sat in the trial of and had convicted Marvin Davis, Walter Davis, Clinton H. Peeler and George Jacobs for breaking and entering with intent to commit a misdemeanor and petit' larceny.
This court has repeatedly held that onе charged with crime is entitled to a fair and impartial jury to try his cause, but that he is not entitled to any particular jury or juror to do this. It is not charged that defеndant did not have a fair and impartial jury, and the record discloses that thе jury which tried the defendants was different from the one which tried the case of Davis v. State, on the previous day. The record does not show that the defendants exhausted their peremptory challenges on any person or persons offered as jurors, or that any right of theirs was prejudiced, nor is error made to appeаr in connection with the selectiоn of the jury. Stokes v. State,
All other assignmеnts of error have been examined carefully, and the questions presented by them have been fully coverеd in Davis v. State, decided this term, so a disсussion of them would serve no useful purpose.
The judgment below is therefore affirmed.