The opinion
HARDY, J.,
concurring.
While I agree with the conclusion reached ’ by the majority of the Court, I am not in. *663 complete agreement with the application of the principles of law, as enunciated in the opinion, to the facts of the case at hand. It seems to me that the obvious reason for the rejection of the defense lies in the complete failure of defendant to sustain the burden of his defense by the requisite preponderance of proof.