delivered the resolution of the court—That the court, not considering the second reason assigned by the judge, in the bill of exceptions, for admitting the evidence objected to, as being an instruction to the jury, or indeed as having been stated to them at all, or as being excepted to by the defendant,—was of opinion, that the testimony was, for the other reason stated, properly admitted; and therefore, that the judgment be affirmed. Parker, Scott and Brown, J. dissented.