concurring:
I concur in the order, and so much of the opinion as deals with instruction No. 2, given by the trial court. The impropriety of this instruction has long since been *48established by the decision of this court. (State v. Newton, 4 Nev. 410; State v. Rodriguez, 31 Nev. 342, 102 Pac. 863.) The giving of this instruction was sufficient error to reverse this case.