Creamer v. State

The opinion of the majority of the court is as follows: The evidence discloses that the violence of the deceased and the provocation of the defendant were equally serious. The defendant started the difficulty by making a felonious assault upon the deceased, and thereupon the deceased defended himself by cutting the defendant. Both cut each other with knives. Under these facts it clearly appears that the resentment of the deceased was not disproportionate to the provocation of the defendant.

*661The request to charge as set forth in special ground 1 of the motion for a new trial was properly…