Loudermilk v. State

Stolz, Judge.

The defendant, indicted for the murder of his brother, was convicted by a jury of voluntary manslaughter and sentenced to twenty years, from which judgment he appeals. Held:

l.The defendant contends that the trial judge erred in charging the jury on the law of voluntary manslaughter as related to mutual combat (Code Ann. § 26-902 (b) (3); Ga. L. 1968, pp. 1249, 1272) as there was no evidence of mutual combat and he was guilty either of murder or justifiable homicide.

"On the trial of a murder case, if there be any evidence, however slight, as to whether the offense is murder or…