¶1delivered the opinion of the court.
¶2The court below, in refusing to grant the second instruction requested by appellant, committed fatal error, as will appear from an examination of Page v. State, 59 South. 884, Johnson v. State, 63 Miss. 228, and Pearson v. State, 66 Miss. 510, 6 South. 243, 4 L. R. A. 835.
¶3Reversed and remanded.