Daniel v. State

MORRISON, Judge.

The offense is murder; the punishment, 12 years.

The sole question presented for review is whether the court erred in charging on mutual combat. The evidence will be stated with this question in mind. The homicide occurred in the street outside a beer drinking establishment. Both appellant and deceased were armed with pocket knives of the same size. Both struck at each other. Deceased’s blow failed to reach its mark while appellant’s did.

Appellant did not testify, but in his oral confession, which was admitted without objection, he stated that he cut deceased because “he didn’t…