In view of the earnest insistence of counsel for petitioner that we should make *Page 149 some expression as to the correctness of charge 13, requested by the defendant in writing on the trial of the cause, we have examined the charge, and find that its refusal was justified for omission of the word "imminent" or words of like import. Non constat, the danger may have been remote.
Application for rehearing overruled.
ANDERSON, C. J., and THOMAS and BROWN, JJ., concur.