A grand juror of the panel who found a bill is not a competent person to. try the case.

When an appeal is taken from the judgment of the district eourt, the sentence should await the mandate of thé Supreme Court-

A new trial should have been granted, when it was made' to appear that one of the grand jurors who found the bill had sat tipom the traverse jury who tried the defendant.

The judgment of the district court is reversed, and the cause remanded.

Reversed, and remanded..