¶1 (dissenting) — I dissent. When counsel for appellant stated to the trial court that only two grounds on which the motion for a new trial “would be urged to the court,” that definitely waived all others, including that of misconduct of counsel. The trial court could understand it in no other way. The cases cited in the majority opinion upon this question are not apt.
¶2 The judgment should be affirmed.
¶3 Millard and Steihert, JJ., concur with Holcomb, J.