¶1The record and the briefs in this court have been examined and in view of Section 918.09 Florida Statutes, F.S.A., the judgment appealed from is reversed. See Way v. State, Fla., 67 So.2d 321; Rowe v. State, 87 Fla. 17, 98 So. 613.
¶2Reversed and remanded for a new trial.