A majority of the court are of the opinion that the evidence in this case, considered in the light of the surrounding circumstances, is so far doubtful of defendant’s guilt as to require a resubmission of the issue to another jury. In view of this conclusion we deem it in*54advisable to discuss tbe evidence. Justice Hallam is of tbe opinion that the ground stated is not sufficient to warrant this court in granting a new trial.

Order appealed from reversed and new trial granted.