The Montgomery advertiser., 1908-10-11

or any wrongful word or act, that there must have existed at the time either really or so apparently as to lead reasonable mind to the belief that there actually existed present, im- perious. impending necessity to infiict the injury in order to save himself from great bodily harm and that there must have been no other reasonabl mode of escape by retreat or by avoid ing the combat with safety states the law more favorably to the defendant than is justified by the rule. and IS harmless error.
 3. Criminal law: instructions; reas- enable douLt-The Goubt to justify or authorize an ,acquittal must be real and substantial as distin -uished from a mere doubt.
 {. Trial; instruction; facts not in issue-It is proper to refuse charges on facts not within the issue.
 5. Same; misleading instructions Charges which are misleading arc properly refused.
 6. Same; instructions invading prov ince of iury-A charge asserting that the fact if it was a fact that accused had pistol would not alone authorize the jury to find that he was at fault in bring.-.s on the difficulty Is invas- i've of the province of he jury and properly refused.
 z. Same; giving undue prominence to certain facts-Charges emphasizing one ftature of the evidence or giving undue prominence to certain facts are properly refused
 8. Homicide: self defense; instruct ion-Where the tendencies of the evid- ence were that accused armed himself with pistol and went outside of the house to where deceased was, a charge asserting that if accused was walk ing from the gate towards the house, and said and d.d nothing to provoke de- kceased then and there to attack him. then accused was free from fault in bringing on the difficulty, was mislead- ing since accused may have previous ly said or done something to bring 1t on and m have armed himself and gone outside for the purpose of parti- cipating in 1t.
 Appeal from Jackson Circuit Court. Heard before Hon. W. -. Haralson. Affirmed Opinion by Simpson, J. Tyson, C. J.. Dowdell and Anderson, J. J., concur. sA
 FLoRALA SAwMILL co. ct al. V. J. T. PARRISH & BROS, get al. Bill to Enjoin Use of PremfsIs after
 Termination of Lease -(Decided
 April 23, 190S--46 South. 46D.
 1. Appeal; decree to sustain; dissolv- ing injunction.-Where 1t appeared that the chancellor entered a decree enjoining respondents from going upon lands and chipping the pine trees and removing the dip and scrape. and af- forwards entered a decree dissolving the injunction as to entering upon the lands and removing the dip and scrape but retained the injunction as to the chipping of the trees, such lat ter decree modifying the former de- cree Is a decree from which an appeal will lie under Section 42s, Code lS96
 2. Landlord and tenant; termina- tion of tenancy; rights of parties.-As between landlord and tenant. where the termination of the tenancy is un- certain, the tenant on the termination of the tenancy by the happening of the uncertain event Is entitled to em- blements, but where the tenancy is for a certain period the tenant Is not en- titled to emblements on the termina- ton of the tenancy; and tenant has a reasonable time after the termination of the tenancy to enter on the premises and remove emblements to which he is entitled. and he may within a reason- able time after the termination of a definite tenancy enter on the premises and remove property belonging to him not coming under the definition of em- blements. 3. Same; emblements-"Embiem as between landlord and tenant, con sist of such annual productions of the soil as are raised by the tenants labor. as corn, hops, flax, roots and the like. but does not extend to things not of annual growth and which do not re- quire the labor of the tenant to pros duce them, such as trees, fruit. grass, etc.
 4. Same-where the tenancy is for