1. That the court, after a jury had been stricken to try the case, which was an indictment for a misdemeanor, ordered another jury to be stricken and caused the trial to proceed before the latter jury, was not, of itself, cause for a new trial. It not appearing why this action was taken by the court, the presumption is that it was based upon a good and lawful reason.

'2. The evidence was sufficient to support the verdict, and there was no merit in the ground of the motion for a new trial relating to alleged newly discovered evidence. Judgment affirmed.