concurring.
I concur. I think it was error to give the fourteenth instruction, Avhich is identical with the one Avhicli was given in Cardwell v. State, 60 Neb. 480, because, while applicable to the facts in that case, it is not at all applicable to the facts in this.
Further, I am of the opinion that the evidence does not sustain the verdict.
Faavcett, J., concurs.