Usher v. State

The contention of the defendants is that the court erred in denying their motion for new trial as amended for the reason that, under the evidence presented, it appeared that there was a general fight in progress in the home of Coot Usher on the night of September 28, 1952; that this fight grew out of a dance that was in progress in the home of Usher, and in a short time appeared to be a regular melee, in which most of the persons in the house were engaged; that this was not a one-sided affair, but a free-for-all fight in which the two defendants and the victim, Luther McCollum, and several…