Report of Cases Argued And Determined in the Supreme Court of Alabama volume 10
Report of Cases Argued And Determined in the Supreme Court of Alabama volume 10
Alabama Supreme Court
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The defendant asked the court to charge, that although the slaves were taken by the defend- ant in Talladega county, yet if it was not his intention to . Convert them to his use in that county, the jury should find for the defendant. This was refused, and the jury instructed, that if the defendant feloniously took said slaves, in said county, and had them there in his possession, whether with intention to sell them in that county, or elsewhere, this in law was a conversion. The defendant except...ed to the refu- sal of the court, and a bill of exceptions was . Signed and seal- ed by the court, which afterwards was directed to be certifi- ed to this court as a reservation of the question. S. F. RICE and L. E. PARSONS, for the prisoner, made the following points : 1. After allowing the change of venue, the court had no discretion as to the county that must be free from the like exception. The statute is express that this shall be done, and there is no room for discretion; [Dig. 343, 166.
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