the same until after the verdict, and then brought the irregularities to the attention of the court by his own affidavit made in support of a motion for a new trial. The facts disclosed by the affidavit, supplemented by other facts contained in the bill of exceptions, call only for the application of principles long ago laid up among the fundamentals of the law of procedure. The defendant must be held to have waived the irregularities of which he now by his counsel so eloquently complains. This principle of waiver is settled by an overwhelming array of authority. Thomp. & M. Juries, §§ 278, 296, and notes. Also 1 Thomp. Trials, § 113, and note 1, p. 111; Clough v. State, 7 Neb. 320; U. S. v. Gale, 109 U. S. 65, 3 Sup. Ct. Rep. 1; Thrall v. Smiley, 9 Cal. 529; People v. Coffman, 24 Cal. 230; Com. v. Justices, etc., 5 Mass. 435. We quote from the opinion in the case of People v. Coffman, supra: "The defendant was indicted for the murder of one Deady, and was convicted of murder in the first degree in the district court of El Dorado county. The defendant moved for a new trial, and in arrest of judgment, both of which motions were overruled; and, judgment having been rendered upon the verdict, defendant appeals. One of the errors assigned by the defendant is the illegality of the manner of impaneling the trial jury; and, to show such illegality, he relies wholly upon the affidavit of the clerk of the district court, which states that, after the regularly summoned jury had been exhausted without completing the jury, the court ordered ten special jurors to be summoned, and a jury was completed by calling the special jurors from the list, without having their names written upon the ballots, and drawn from a box. The affidavit was filed at the time of filing the motions for a new trial and in arrest of judgment. The statement in the record, however, respecting the impaneling of the jury, is as follows: 'This cause coming on for trial, the following named citizens were duly accepted, impaneled, and sworn as the jury to try the cause, to-wit.' And following this, are the names of twelve jurors. It does not appear from the record of the proceedings, nor from the statement on appeal, that any irregularity occurred in drawing or impaneling the jury; nor does it appear therefrom, or from said affidavit, that the defendant at the time pointed out any irregular-
