Boatwright v. State

1. The court gave in charge to the jury the principle of law relating to mutual combat, embraced in the Penal Code, § 73. To this instruction the defendant excepted upon the grounds: (a) that under the evidence mutual combat was not involved, and (b) because the court did not draw the distinction between sections 59 and 73 of the Penal Code, and direct the jury as to the application of the same. Held:

(а) The evidence introduced by the State, if credible, tended to show that the accused was guilty of murder. The statement of the accused to the jury, and the evidence introduced by him, tended,…