Appeal from Superior Court, Muskogee County; Farrar L. McCain, Judge.

Robert Nelson was convicted of violating the prohibitory law, and appeals. Reversed and remanded.

S.M. Rutherford, for plaintiff in error.

E.G. Spilman, Asst. Atty. Gen., for the State.

PER CURIAM. Plaintiff in error was convicted in the superior court of Muskogee county at the January, 1910, term, on a charge of having the possession of intoxicating liquor for the unlawful purpose of selling the same, and his punishment fixed at a fine of two hundred dollars and imprisonment in the county jail for a period of sixty days. The record shows that this case was tried by a jury composed of six men. Following the rule laid down in the case of Tillie Hill v. State, 3 Okla. Cr. 686, 109 P. 291, the judgment is reversed and the cause remanded with directions to grant a new trial.