Prater v. State

(After stating the foregoing facts.)

No request was presented to the court that the jury be charged section 73 of the Penal Code, or upon any other feature of the case. While the defendant, if he desired fuller instructions as related to the doctrine of mutual combat, might perhaps properly have requested an amplification of what was said by the court to the jury upon this subject, no reason suggests itself why the giving in charge of section 73, under the evidence in the record, would have been of advantage to the defendant. If for the sake of argument we should concede that the judge did not…