Cornelious v. State

Atkinson, Presiding Justice.

1. In order to reduce a homicide from murder to voluntary manslaughter, as related to the doctrine of mutual combat, it should affirmatively appear that at the time of the homicide both parties were in position and manifested intention to fight. Mere threats on the part of one party at the time of a fatal shot by the other will not suffice. Tate v. State, 46 Ga. 148; Holland v. State, 166 Ga. 201 (142 S. E. 739); Brown v. State, 168 Ga. 671 (148 S. E. 583); Carter v. State, 171 Ga. 406 (2) (155 S. E. 670). The evidence in the instant case failed to show voluntary…