Ex Parte Bronson

WOODLEY, Judge.

This is an appeal from an order of the county court of Dickens County, refusing to discharge appellant from confinement in the county jail following his conviction for selling whiskey in said county. The judgment of conviction was affirmed by this court (Bronson v. State, 247 S.W. 2d 563), and appellant was placed in jail to satisfy the 120 days and the $500 fine assessed.

One of the members of the jury before whom appellant was tried was an unpardoned convict, which fact was not known to the court or counsel or to appellant until after the appeal had been perfected.

Appellant…