
    No. 5792.
    Morris v. The State.
    (Decided May 24, 1898.)
    Error to the Circuit Court of Franklin County.
    
      Merrick <& Tompkins and S. C. Jones, for plaintiff in error.
    
      Charles W. Voorhees, Prosecuting Attorney; Florizel Smith; Joseph II. Dyer and WilUam J. Ford, for defendant in error.
   Judgment affirmed.

Spear, C. J.,

dissents on the ground that a jury, eleven of whom sat as jurors in the trial and conviction of another charged with the stealing of the same goods, and necessarily involving testimony in the main identical with that in the case about to be tried, is not an impartial jury within the meaning of our constitution.  