Judgment affirmed.

See journal entry.

It is ordered and adjudged by this court, that the judgment of the said Circuit Court be, and the same is hereby, affirmed; on the grounds stated in the journal entry of the circuit court, to-wit: that the court of common pleas erred in giving to the *412jury before argument at the request of counsel for the defendant in error special request No. 3 which is set out in that entry.