
    (97 South. 851)
    No. 26083.
    STATE v. BAILEY.
    (Oct. 22, 1923.)
    
      (Syllabus by Editorial Staff.)
    
    Jury &wkey;>4 — Conviction by jury of 12, where crime requires trial by jury of 5, void.
    Where defendant, charged with a crime for which under Const, art. 7, § 41, he should be tried by a jury of only 5 members, is tried by a jury of 12 the verdict and sentence are null.
    Appeal from Criminal District Court, Parish of Orleans; N. E. Humphrey, Judge.
    Edward T. Bailey was convicted of an offense, and he appeals.
    Verdict and sentence annulled, and case remanded for new trial.
    A. D. Henifiques, Jr., and Eugene Stanley, both of New Orleans, for appellant.
    A. V. Coco, Atty. Gen., and Robert H. Marr, Dist. Atty., and E. B. Ereeland, Asst. Dist. Atty., both of New Orleans (T. S. Walmsley, of New Orleans, of counsel), for the State.
    By Division A, composed of O’NIiELL, C. J„ and ROGERS and BRUNOT, JJ.
   O’NIELL, C. J.

The district attorney concedes that the verdict and sentence in thi? case are null because the defendant, appellant, was tried by a jury composed of 12 members for a crime for which he should have been tried by a jury of only 5 members. Const, art. 7, § 41; State v. Thompson, 104 La. 167, 28 South. 882; State v. Beebe, 127 La. 493, 53 South. 730; State v. Reeves, 128 La. 37, 54 South. 415; State v. Desselles, 150 La. 494, 90 South. 773; State v. Stephens, 150 La. 944, 91 South. 349, 23 A. L. R. 286; State v. Hataway, 153 La. 751, 96 South. 556.

The verdict and sentence are annulled, and it is ordered that the case be remanded to the criminal district court for a new trial.  