Gill v. State

Plaintiff in error, hereinafter called “defendant,” was convicted of voluntary manslaughter for the kill*593ing of Odie Eaby, and given an indeterminate sentence in the penitentiary of from two to ten years.

The charge of the court on the subject of mutual combat is as follows:

“When one man invites another to combat and the other accepts the invitation, and they both willfully engage in a mutual combat, and one of them slays the other in such combat, he cannot successfully invoke the law of self-defense, but would be guilty of at least voluntary manslaughter.”

The instruction in its effect, applied…