The Birmingham age-herald., 1903-02-05

introduced by the state had testified tc facts corroborating the testimony of tic prosecutrix and tending to show the com mission of the offense charged, 1t is com petent for the defendant, on the cross examination of said witness, to ask her if she had not been trying to take the pros ecutrix away from the defendant before the alleged offense was committed; since, if the answer to the question was in the affirmative, 1t would have afforded some inference to be drawn by the jury that said witness was unfriendly to the de- fendant, which fact was competent as bearing upon her credbility.
 g. Argumentative, Abstract and Mis- leading Charges are properly refused
 4 Charge on Part of Evidence; Properly Refused-A charge requested by the de- fendant which instructs the jury that If they believe the testimony of the defend- ant they cannot find the defendant guilty, Is erroneous and properly refused such charges ignoring conflicting evidence by the witnesses.
 5. Indictment for Rape; Charge as to Force-A. hile to constitute the offense of rape it must be shown that the act was done with force, such force need not be actual but may be constructive or im- piled; and therefore. on trial under an indictment for rape. charge which in- structs the jury that if they have "a req sonable doubt whether the act was done with force" they must acquit the defend- ant is erroneous and properly refused, said charge having a tendency to mis- lead the jury to the belief that actual force was necessary to constitute the crime charged.
 G. Charges as to Evidence; When Pro- perly Refused.-In the trial of a criminal case, charge which instructs the jury that they have a right to believe any one of the witnesses and discard all of the others" is erroneous and properly refused.
 Reversed and remanded. Opinion by Haralson, J.
 Southern Railway Company vs Annis-
 ton Foundry and Machine Company
 Action by Shipper against Railroad
 Company to Recover Overcharge on
 Freight. Appeal from City Court of
 Anniston.
 l. Common Carrier; Overcharge Illegal; Authorizes Recovery.-A common carrier who chrges and collects from consign- or or consignee a higher rate of freight than that stipulated in bill Of lading' violates the statute (code, 3fG0), and the person paying such overcharge IS entl- tied to recover the same. and in the ap- sence of it's being shown that the ta.es charged and collected nad been preNlo"S ly approved by the railroad commission, such person is entitled to recover twice the amount of the damages sustained
 2 Common Carries; Bound for Act or Agent when Performed in the Scope or His Agency-A depot or freight agent of a railroad company fixing a rate or freight to be shipped over said company s road. and specifying the rate so hxed Tn inc bill of lading so issued by him, IS acting within the scope of his agency and any mistake or error committed py him in contracting with the shipper IS binding upon the railroad company Campbell vs. H. B. ciahin Company.
 Affirmed Opinion by Dowdell, J.
 Bin in Equity for tho Appointment or
 a Receiver Appeal from the Chancery
 Court of Madison.
 1. Equity Pleadings; How Executions to Registers Rcport Should be Reserved; When Not Renewed.-The appropriate functions of an exception to register report is to point out distinctly and clearly the matter complained of as er- ror and the more general objection 10 rulings or conclusions If the. register or | to the results attained by him in the | statement of an accou-' or the making l of q report, will not be entertained. Af6rmed Opinion by Tyson, J.