Barton v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Butt. Irwin superior court. April term, 1895. Barton was convicted of voluntary manslaughter, and his motion for a new trial was overruled. From the testimony and the prisoner’s statement, taken together, the following appears: Barton and. Nasworthy had á difficulty, and both agreed to go out and settle it by having “a fair fight,” or “ a fist and skull fight,” without weapons.
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Indictment for murder. Before Judge Butt. Irwin superior court. April term, 1895. Barton was convicted of voluntary manslaughter, and his motion for a new trial was overruled. From the testimony and the prisoner’s statement, taken together, the following appears: Barton and. Nasworthy had á difficulty, and both agreed to go out and settle it by having “a fair fight,” or “ a fist and skull fight,” without weapons. Barton went ahead, and on reaching the appointed place, pulled off his coat and laid it on the ground. Nasworthy was seen to have a good sized pocket-knife open in his hand as he…
1Opinion of the Court
Lumpkin, Justice.
1. We have granted a new trial in this case upon its substantial merits. The law of it is simple. What constitutes a case of mutual combat is very well settled by the authorities, and need not be here repeated. When, however, two persons by agreement go out to have “ a fair fight ” without weapons, and when they reach the place of combat, one only of them adheres to the purpose of having a fight of this kind, and the other abandons this purpose and forms and manifests an intention *437to attack his adversary with a deadly weapon, it is not only the right, but the duty, of the…
2Cited by5 opinions
- Parker v. StateSupreme Court of Georgia · 1963
- Sams v. StateSupreme Court of Georgia · 1905
- Creamer v. StateCourt of Appeals of Georgia · 1933
- Anthony v. StateCourt of Criminal Appeals of Texas · 1910
- Watson v. StateCourt of Appeals of Georgia · 1941