Stowe v. State

1. The jury were authorized to find, from the evidence submitted, that accused and the deceased entertained a mutual intent to fight, and did engage in mutual combat in pursuance of this intention, the accused having a gun and the deceased a knife, and that during the rencounter the deceased was mortally wounded by a charge from the pistol held by the accused. A verdict of voluntary manslaughter was therefore amply authorized. It would have been error, harmful to the accused, had the judge failed to charge the jury the law of manslaughter as related to mutual combat. See Code of 1933, §…