The defendant has appealed from a judgment sentencing him to be hung, and he assigns as error that the record of conviction fails to show that the jury who tried him was sworn.

This ground has just been held to be good in the cases of State vs. Phillips and Reid and State vs. Elijah Douglass, from the same court.

For the reasons in the two cases above mentioned, it is ordered that the judgment appealed from be reversed, and the case remanded for a new trial according to law. .