The Montgomery advertiser., 1903-04-29
HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT

all means that you can not convict lnis defendant until you are satisfied beyond all reasonable doubt of his guiit. ,.-
 5. Charges of c@urt to Jury; all eVi- dence in the case must De consiueaSSu csaS h.,
 In a criminal case. charges requested py the defendant which authorize an acqu.ie
 tai upon considerations which might arise
 from a part of the evidence only, are err roneous and properly refused.
 6. Same; charge s to duty or inol-
 yidual juror.--In a criminal case a charge
 is erroneous and properly refused whien
 instructs the jury that If any inolvlouai
 juror after he has consulted with his tei-
 low jurors finds that he ,.,Sas, d1t,
 jurors, and ente.tains consclen-
 tious fixed convictions different from the
 other eleven jurors, then 1t would be the
 duty of such juror not to give up the un- alterable convictions of his own mind, T. Assault with intent to murder: charge requested by defendant.-On a trial under an indictment for an assault with intent to murder. where there Is evi- dence other than that of the person as- saulted, upon which the jury could ma conviction, a charge Is erroneous ana properly refused which instructs the jury that if they have reasonable doubt Of inc statement of the person assaulted as | to how the shooting occurred, was true' they must acquit the defendant
 s. Argumentative charges are properly
 Affirmed. Opinion by Sharpe. J.
 | NAPKIN, ct al, V. MARENGO COUNTY. | Bill in Equity to Enjoin Removal or Court House. Appeal from the Chan | -cery Court of Marengo County.
 7t. Court of County Compissioners; au- | thority for building new Court House. = | Court of County Commissioners has sole and exclusive power and authority Tn the
 matter of determining the necessity Tor ] a new Court House for a county and lhaYing the same located within the cor porate limits of the town established as | the county site; and In the exercise or
 their discretion in such matters, their
 acts,r when free from fraud, corruption ! or unfair dealing. can not be questioned 1 or controlled by any judicial tribunal | g.. Removal of Court House; conStruc- | ton of Section fl of Constitution of 1901. | Section fl of the Consultation of 1901, which provides that no Court House or county site shall be removed except by | a majority vote of the qualified electors
 of said county voting at an election held
 for such purpose" prohibits the removal | town or city where 1t is located at the l time of the adoption of the Constitution. | except in the manner provided in said \ section; and said section does not pro- | hibit the Court of County Commissioners from erecting new Court House within | the town or city constituting the county | site, on lot other than that upon which l the old Court House IS located, without | having first submitted the question to the vote of the people of said county.
 | 3. Same Court of . Judsy Co nmission-
 CTS; validity of ordsr made at an ad-
 journed' term.-At a reg liar May term | of the Court of County Commissioner l of Marengo County the matter of puild' ing a new Court House for said county | was continu'd ::ntil the June term Ol the | Court. At the June term of the Court | said metter was continued until the ad journed term of the Court m July. Held That the order 0f the Court made at Iht | tat4urned srm of the Court in July. pro viding for the building of a new Court House was made at a time when tht Court of County Commissioners had tht | tight to exercise the power vested in il by the statute regarding the building o new Court House, and said order Wal | valid.
 Affirmed. Opinion by D)wdell. J.