Odom v. State

Frankum, Judge.

“In all cases of voluntary manslaughter, there must be some actual assault upon the person killing, or an attempt by the person killed to commit a serious personal injury on the person killing, or other equivalent circumstances to justify the excitement of passion, and to exclude all idea of deliberation or malice, either express or implied.” Code § 26-1007.

As stated by the Supreme Court in Mathis v. State, 196 Ga. 288, 291 (26 SE2d 606): “The essential ingredient, mutual intent, in order to constitute mutual combat, must be a willingness, a readiness, and an intention upon the…