1. The only special ground in the motion for a new trial alleging that a given charge was erroneous because there was no evidence upon which to base the same, and the record disclosing that there was such evidence, this ground is without merit.
2. There was sufficient evidence to warrant the verdict complained of, and the court was right in refusing to grant a new trial.
Judgment affirmed.
AH concurring, except Lumplcin, P. J., disqualified.