On Application for Rehearing.
Upon a reconsideration of this case on the defendant’s application for rehearing, we are of the opinion that written charge 4, refused to the defendant and referred to in the original opinion as having been substantially covered ¡by the oral charge of the court, should have been given, and that its refusal by the trial court is error that will require a reversal of the judgment and the remandment of the case for another trial; as it appears from a further examination and consideration of the oral charge of the court that the same rule of law embodied in said charge was not, as was our first impression, substantially and fairly given to the jury in the court’s general charge or in the charges given at the request of parties.
Reversed and remanded.