Dye v. State

Mobley, Justice.

In special ground 4 defendant assigns error on the following charge: “I charge you, gentlemen of the jury, you will observe that in all cases of voluntary manslaughter, there must be some actual assault upon the person killing or an attempt by the person killed to commit a serious personal injury on the person killing, or other equivalent circumstances sufficient to justify the excitement of passion and exclude all idea of deliberation or malice. Evidence of such assault may be found in a mutual intention to fight and in the fact that there was an approach by the deceased to…