O. S., 4633, is as follows: “Every person on joint or several trial for his life may make a peremptory challenge of twelve jurors and no more; and in all joint or several trials for crimes and misdemeanors, other than capital, every person on trial shall have the right of challenging peremptorily, and without showing cause, four jurors and no more. And to enable defendants to exercise this right, the clerk in all such trials shall read over the names of the jurors on the panel, in the presence and hearing of the defendants and their counsel, *781and before the jury shall be impaneled to try the issue; and the judge or other presiding officer of the court shall decide all questions as to the competency of jurors.”
The above statute in clear and unmistakable language for the offenses for which defendants were indicted, says “in all joint or several trials for crimes and misdemeanors other than capital, every person on trial shall have the right of challenging peremptorily and without showing cause four jurors and no more.”
In S. v. Ashburn, 187 N. C., at p. 721, this Court said: “The intent of the law is to secure a jury that will render a fair and impartial verdict.” The General Assembly has seen fit to give every person on trial on a joint or several bill of indictment for the crimes as herein charged four peremptory challenges. We can only construe the law as written. In the record there is no waiver of the above provisions of the law. The other matters in the record are not necessary to be considered. For the reasons given, there must be a
New trial.