I concur in the result, but desire to say that I do not think the language of the opinion as to the charge of the court was called for in this case, and, in so far as it decides that it is error for the court to instruct the jury that a certain fact is undisputed by the evidence, or that all the evidence as to any fact is on one side, I dissent; as, in my opinion, such instructions would not contravene the provisions of our constitution.