MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.
There are thirty-nine assignments of error in this case, but in the view we have taken, it will only be necessary to consider the twenty-first, which is: "That the court erred, [in refusing] upon the close of all the testimony in the case, and upon the request of the defendant's counsel, to instruct the jury to render a verdict in favor of the defendant."
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