Spradlin v. State

Sognier, Judge.

1. Spradlin was convicted of voluntary manslaughter. His first three enumerations of error relate to the trial court’s charge on mutual combat and will be discussed together. Appellant contends the charge was not warranted by the evidence; that if warranted, it was burden shifting; and the charge as given was incorrect.

The evidence disclosed that appellant, the victim, and two other friends were returning to Carrollton from an evening of drinking in Atlanta. Three of the four got into an argument which resulted in a brief fight. After getting back into the car and driving on,…