4dissent, and say: When the charge is considered as a whole and read in the light of the testimony, we are satisfied that, even if it be conceded that the modifications of defendant’s requests were slightly erroneous, the error was not misleading or prejudicial and did not affect the result. Therefore, we think the judgment of the Circuit Court should be affirmed.
The Court being equally divided the judgment of -the Circuit Court is affirmed.
5 Petition for rehearing refused by formal order on June 16, 1911.