The Montgomery advertiser., 1907-09-30

instructions substantially covered by instructions given.
 f. Homicide; trial; jury question-It is for the jury to determine whether the assault was the result of giving away to sudden passion. reasonably ex- cited by and in resentment of an in- suit, or whether 1t was in the execu- tion of a formed design to take life using the insult as a mere pretext and 1t Is not an evidential or legal pre- sumption.
 5. Criminal law: instruction; form or language-A charge asserting that the absence of sufficiently satisfying evidence before the jury may offer ground for reasonable doubt of defend ants guilt is unintelligible and not certain and definite. s. Same: abstract instruction-As motive never iustifIes an assault with a weapon a charge is abstract which asserts that the jury should consider the evidence tending to show justify l ing motive in connection with the other l evidence, and if they are in reasonable doubt of the defendants guilt they should acauit him.
 T. Same; instructions; reasonable doubt-It was error to refuse an in- struction that the jury should acquit unless the evidence exclude every reas- enable supposition but that of defend- ants guilt.
 Appeal from Jefferson Criminal Court. Heard before Hon. s. IA Weaver. Reversed and demanded. Opinion by Mcclellan. J.
 son, JJ.. concur.
 WILLIAMS Vs. ATTENDANT AND COUNCIL OF GAINESVILLE. Bill to Enjoin Reaction of Wharf Across Street. (Decided March, 0ud 1Q07 AR So. Rap.. 209.1 Municipal corporation; right to main tain wharf in street.-The dedication l of a. street not having the effect of limiting it's use to travel over it by the public, a city may maintain a free wharf at the intersection of said street and river.
 Anpeal from Sumpter Chancery court
 Heard before Hon. Thomas H. Smith. Affirmed opinion by Tyson, c. J. Dowdell, Anderson and Mcclellan, JJ., concur.
 SINGER MANUFACTURING CO, EFT AL, vS. TAYLOR. 1 Slander. Decided, Marca 2nd, 1907, 4S
 Principai and agent; liability of urincipal; Iort of agent; slander-The agent of the Sewing Machine Company at his office, said to plaintiff In the nrasence of others, You are a thief, know you." Held, the Company was not liable for the words uttered by fine agent unless 1t authorized or rati- fled the act of the agent in uttertng the words
 Appeal from Birmingham City court.
 Heard before Hon. Charles w Fergu-
 Reversed and Remanded. Opinion by Tyson. c. J.
 Haralson. Simpson and Denson' IJ' concur.
 ROBINSON & CO, ct all V. GREENE
 False Imprisonment.-(Dec Apri
 2s, 1906. 43 So. Rep. 797.O
 l. Principal and agent; relation; ad'
 instability of evidence.-In the absence of written authority, where the fact
 of agency, or the authority of tho agent is in dispute, and 1t rests IT
 parol, any evidence tending to prove agency Is admissible, and the question
 Is for the jury to determine.
 t2 False imprisonment; persons lia
 bIe; principal and agent; implied au
 thority.-It Is not necessary that tht agents authority should be expressly conferred, or that the act complained
 of should have been authorized, tt
 render the principal liable for fals' imprisonment imposed by the agent; | may be implied for the relation of thu
 principal to the agent, the uature O the employment, and the mode in whicl
 the business was allowed to be con
 ducted.
 g.. Trial; instructions; assumption oi facts.-In an action of false imprison
 ment it is not error to refuse an In
 struction asserting that if the jury be-