LOPEZ, Associate Justice.
The record and the briefs in this court have been examined and in view of Section 918.09 Florida Statutes, F.S.A., the judgment appealed from is reversed. See Way v. State, Fla., 67 So.2d 321; Rowe v. State, 87 Fla. 17, 98 So. 613.
Reversed and remanded for a new trial.
DREW, C. J., and ROBERTS and O’CONNELL, JJ., concur.