Dissenting Opinion.
Jackson, J.— It is apparent from the record in this case that the court committed reversible error in overruling appellant’s motion for a new trial.
The record discloses that one of the jurors was, at, prior, during and after the trial a depressed chroni*289cally nervous person, under medical and psychiatric treatment, an inmate of a rest sanitorium, and addicted to the use of tranquilizers and drugs. Certainly he cannot be said to be a qualified, capable and competent juror under those circumstances.
The judgment of the trial court should be reversed, and the cause remanded with instructions to sustain appellant’s motion for a new trial.
Note. — Reported in 183 N. E. 2d 198.