STONE, O. J.
In testing the credibility of narrations of fact, it is, as a rule, permissible to consider the surroundings, or attendant circumstances. Especially is this the case, when, as on the present trial, there was no positive testimony of the main
Page 89
fact, but it was left to be inferred from proof of other facts. The charge asked should have been given. — Sackett, Instruction to Juries, 474-5.
[Reversed and remanded. Let the defendant remain in custody, until discharged by due course of law.