Dyal v. State

Lumpkin, Justice.

An indictment was returned against John Dyal and Kossuth Dyal, who were brothers, for the murder of William McEachin. Kossuth Dyal was tried, and found guilty of voluntary manslaughter. Andrew McEachin, a brother of the deceased, was present and to some extent participated in the difficulty which resulted in the homicide. For the sake of brevity, these parties will hereinafter be designated, respectively, as “John,” “Kossuth,” “William” and “Andrew.”

It appears from the evidence, that Kossuth and William had made an agreement to fight “a fair fight” without weapons. While they…