The evidence has been again carefully considered, and it is the judgment of the court that defendant's refused charge 13 states a correct proposition of law, and should have been given under the tendencies of the evidence and issues of fact for decision by the jury.
The application for rehearing is granted, the judgment of affirmance set aside, and the judgment of the circuit court is reversed and remanded.
ANDERSON, C. J., and SOMERVILLE and BROWN, JJ., concur.