Fuller v. State

ON REHEARING.

October 17, 1923.

LATTIMORE, Judge.

— We regret our inability to agree with appellant’s earnest contention in his motion for rehearing that the learned trial court erred in submitting the law of mutual combat in the charge. All the cases cited by appellant in support of his contention have been again reviewed. Beginning with Gilliland v. State, 44 Texas, 356, this court has uniformly upheld the statement there made as to what constitutes a mutual combat. Logan v. State, 17 Texas Crim. App., 50; Lee v. State, 21 Texas Crim. App., 341; Thumm v. State, 24 Texas Crim. App. 667; Foreman…