QUILLIAN, J.
1. Ground 1 of the amended motion for new trial complains that the presiding judge refused the timely written request of the defendant to charge the jury: "Gentlemen, I charge you that Mr. Thomas is not charged with committing a crime, he is charged with deceit and wilful misconduct in converting funds that came into his hands as administrator of the estate of Lewis Edgar Austin.
"I charge you, gentlemen, that the burden of proof is upon the State...
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