delivered the opinion of the court.

The 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.

Reversed and remanded.