Bird v. State

In special ground 1 of the motion for new trial the defendant “complains of the court’s not charging, even without a written request, the law of justifiable homicide under section 26-1014. This section of the Code is applicable only in cases wherein mutual combat is involved. We respectfully insist that mutual combat was involved in this case, and that the court erred in not charging the jury, as complained of in this ground of the amended motion. Especially so in view of the fact that the court did actually charge the jury on voluntary manslaughter, as based upon mutual combat. Therefore,…