Gibbs

The defendant was convicted of the unlawful sale of intoxicating liquor. This appeal is from the judgment of conviction and the order denying his motion for a new trial. The only ground urged for g reversal is that one of the jurors was guilty of misconduct.

Two witnesses testified positively that the defendant made the alleged unlawful sale. The name of one of the witnesses so testifying is C. L. Fitch, a detective employed to secure evidence in liquor cases. On his voir dire examination, the juror whose conduct is complained of testified that he knew of no reason why he would not make a fair and impartial juror and that he would not permit anything outside of the evidence to influence his verdict. At the hearing of defendant’s motion for a new trial his counsel presented and read in evidence an affidavit made 'by a woman who had served as a juror in the trial of an earlier liquor case in which Pitch was a witness. She therein stated that during the progress of the trial of such earlier case the juror in question in the instant ease, referring to the witness Pitch, said that “he thought the witness was a hard case, that he would hang a man for twenty-five cents” and that “he…