
    BENNETT v. STATE.
    (No. 6303.)
    (Court of Criminal Appeals of Texas.
    June 22, 1921.)
    Jury <⅜=532(2) — Provision for jury of 6 in misdemeanor trial in criminal district court is unconstitutional.
    The Constitution requires a jury of 12 men for misdemeanor trials in the criminal district court of Bowie county, and the Legislature was not authorized, to provide for a trial before a jury of 6.
    Appeal from Criminal District Court, Bowie County; P. A. Turner, Judge.
    Leona Bennett was convicted of misdemeanor, and she appeals.
    Reversed and remanded.
    G. C. Barkman, of Texarkana, for appellant.
    ■ L. H. Henry, Co. Atty., and Wm. Y. Brown, City Atty., both of Texarkana, and R. H. Hamilton, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The appellant was convicted of a misdemeanor in the criminal district court of Bowie county, the trial having taken place before a jury of 6 men, over the protest of appellant. Appellant having' been tried in a district court, the Constitution required a jury of 12 men. The Legislature was not authorized to provide otherwise. This matter is discussed in detail, accompanied by citation of authorities, in the case of Rudolph Rochelle v. State, No. 6327, 232 S. W. 838, this day decided, to which we refer.

The judgment is reversed, and the cause remanded.  