Legal Opinion

Gill v. State

Tennessee Supreme Court

Decided April 8, 1916PublishedCited by 4 opinions

1Opinion of the Court

Plaintiff in error, hereinafter called "defendant," was convicted of voluntary manslaughter for the killing of Odie Raby, and given an indeterminate sentence in the penitentiary of from two to ten years.

The charge of the court on the subject of mutual combat is as follows:

"When one man invites another to combat and the other accepts the invitation, and they both willfully engage in a mutual combat, and one of them slays the other in such combat, he cannot successfully invoke the law of self-defense, but would be guilty of at least voluntary manslaughter."

The instruction in its effect, applied…

2Cases cited4 opinions

  1. Irvine v. StateTennessee Supreme Court · 1900
  2. Foutch v. StateTennessee Supreme Court · 1896
  3. Chairs v. StateTennessee Supreme Court · 1911
  4. Smith v. StateTennessee Supreme Court · 1900

3Cited by4 opinions

  1. State v. CulbreathTennessee Supreme Court · 2000
  2. Transport Corporation v. CaldwellCourt of Appeals of Tennessee · 1935
  3. Huber v. United StatesCourt of Appeals for the Ninth Circuit · 1919
  4. State v. CulbreathTennessee Supreme Court · 2000

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