Upon application for rehearing, and upon suggestion of counsel for appellee, the question of the refusal of the affirmative charge requested by defendant was considered by the whole court, with the result that Justices THOMAS, BROWN, and FOSTER concur with Chief Justice ANDERSON and Justices SAYRE and BOULDIN in the view that the affirmative charge should have been given for defendant, for the reasons stated above.
Application for rehearing denied. *Page 701