Randolph v. State

Evans, Judge.

Defendant was indicted and tried on two separate indictments for assault with a deadly weapon upon the person of Mack Buffington, Jr., and sentenced to serve four years and six months. Defendant appeals. Held:

1. Defendant contends that the court erred in charging on mutual combat since there was no evidence of a mutual agreement for mutual combat. (T. 148-149) But the testimony of defendant himself discloses an argument over a card game in which he was losing money; that he left the room momentarily; and was given a gun which he stuck into his pocket, keeping his hand in the…