It not appearing from the record that the jurors who tried the case were sworn as such, the conviction cannot be permitted to stand. (Dresch v. The State, 14 Texas Ct. App., 175; McHenry v. The State, id., 209; Howard v. The State, 13 Texas Ct. App., 612, and numerous cases therein cited.)
The judgment is therefore reversed and the cause remanded.
Reversed and remanded.