Mathis v. State

Duckworth, Justice.

The homicide did not result from the first encounter, nor is there a scintilla of evidence to show that at that time the defendant and the deceased mutually agreed to “fetch their weapons and fight.” Hence the decision in Gann v. State, 30 Ga. 67, is inapplicable here. The encounter appears from the evidence, which is uncontradicted even by the defendant’s own statement, to have arisen by the defendant’s charge or belief that the deceased had taken a bottle of his “ace high.” There is no evidence that this accusation or belief was justified, but it appears that this…