Buchanan v. State

Sam Buchanan, alias Son Bailey', was tried upon an indictment charging him with the murder of Charlie Walker. The jury trying the case returned a verdict of guilty', without a recommendation; and the accused was sentenced to be hanged. He made a motion for a new trial, which was overruled, and he excepted.

1. In one ground of the motion for new trial error is assigned upon the failure of the court to instruct the jury on the law of voluntary' manslaughter, as based upon the theory of mutual com*867bat or mutual intent to fight; the movant contending that under the facts and evidence a charge upon…