On Rehearing.
In addition to the reasons given in the original opinion, which treated the charges refused to defendant in a general way:
Charge 1 is the general charge, and, there being evidence to sustain the verdict, was properly refused.
Charge 2 was an argument, and not confined to the issues involved in the case.
Charges 3, 4, 5, 6, and 7, were referable alone to^the charge of felonious assault, ignoring entirely the lesser offenses embraced in the charge of assault to murder, and under which the defendant was convicted of the lesser offense. Having been acquitted of the higher offense, at which these charges were directed, he cannot now complain.
Charge 5 is elliptical, and charge 10 is incomplete.
Charge 8 was properly refused, for reasons given in the original opinion.
Charge 9 was properly refused. It is only where a witness has sworn willfully falsely to a material fact that the jury may reject his entire testimony.
Application overruled.