Davidson v. State

Wyatt, Justice.

It appears from the foregoing statement of facts that there is no merit in the general grounds of the motion for new trial.

Special grounds 1 and 2 complain because the judge failed to give to the jury in his charge the law of voluntary manslaughter as related to the doctrine of mutual combat. As will appear from the statement of facts in this case, if the contention of the State is true, the defendant was guilty of murder. If the contention of the defendant is true, it was justifiable homicide. There was no evidence of any mutual intent to fight. It was, therefore, not error to…