On Rehearing.
It is insisted on rehearing that the statement, “Refused charge, without number but which we have marked Number 5, was covered by the oral charge of the court and the written charges given at the request of the defendant,” is not borne out by the record. The only witness who could have been interested in the result of the verdict was the sheriff. As to this, the court in his oral charge said: “In as much, as it has been argued on both sides, what is the law relating to the fees of Sheriff in cases of this kind, I believe, it my duty to charge you with reference to what the law is, and here it is. I will read it to you from the Code.” (Here the court reads the section referred to.) Then stating .that the fee provided was $50, on these stills. In that connection the court proceeded to.charge that if any witness has manifested any bias or interest or prejudice, either for the State or for the defendant, they should take that into consideration in determining the weight that should be given the evidence of that witness. Following this, and at the request of the defendant, in writing, the court gave this charge: “The court charges the Jury that if you believe from the evidence that any witness is financially interested in your verdict, you many consider such interest in weighing the testimony of such witness.” We are of the opinion that the refused charge was fully covered and that the jury’s attention was directed to the testimony of the sheriff, who in case of conviction was to receive a fee of $50.
The application is overruled.
Application overruled.