
    JOHN CLARY v. STATE.
    No. A-581.
    Opinion Filed May 23, 1911.
    Appeal from Seminole County Court; T. S. Cobb, Jugde.
    John Clary was convicted of selling intoxicating liquors, and appeals.
    Reversed and remanded.
    Davis & Davis, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PEE CUEIAM.

The plaintiff in error was convicted in the Seminole county court at the October, 1909, term, on a charge of selling intoxicating liquor, and his punishment fixed at a fine of one hundred fifty dollars and imprisonment in the county jail for a period of thirty days. The record in this ease discloses the fact that this was a very strenuous trial. The trial judge seems to have overlooked the fact that it was his duty to preside in a fair and impartial manner, and in a great many ways he was guilty of conduct prejudicial to the substantial rights of the plaintiff in error. It would be a gross miscarriage of* justice to permit a conviction to stand, had under proceedings as are disclosed by this record. The judgment of the trial court is reversed and the cause remanded for a new trial.  