Tennant v. State

BRICKEN, Presiding Judge.

Appellant and deceased engaged in a mutual combat without weapons of any kind. They agreed to fight, and at first each of them drew their pocketknives, but before getting together they agreed to, and did, throw their knives away and “fought fair,” with their fists only, by mutual consent.

The state insists that the deceased, named ■in the indictment, died as a result of a blow -or blows inflicted upon him by this appellant, .and the grand jury returned an indictment .charging him with the offense of murder in .the second degree, of which offense he was convicted and…