(concurring). In concurring in this opinion, I wish to say that, if the admission of the testimony of the witness Cooper, concerning the defendant being suspected by the people of Gilman, had been properly and duly assigned as error, I should feel bound to reverse the judgment on that ground, for I think it was most palpable, prejudicial error; but as it was not assigned in appellant’s first brief, I will treat it as though it were waived, and hence I concur.