I agree in what is said by Justice McFarland.
I am of opinion that the court erred in refusing the first and third instructions asked by defendant.
I am further of opinion that the verdict is contrary to the evidence. I cannot perceive how any man of ordi*40nary intelligence could, on the testimony in the record, fail to entertain a reasonable doubt of defendant’s guilt.
The judgment should be reversed, and cause remanded for a new trial.