MACDONALD v. STATE Ex FULTON

OPINION

By KLINGER, J.

Upon a careful examination of the records submitted to this court in both proceedings in error, we find that the evidence and exceptions are substantially the same except that in the bill of exceptions in this proceeding in error there is the testimony of a witness who was not a witness on the first trial, tending to show knowledge on the part of plaintiff in error at the time the transfer of stock was made, of the impending failure of the bank. And but for this difference and variance in the special requests to charge and in the special interrogatories, the same…