Lester v. State

Gardner, J.(a) Counsel for the defendant, after reciting the facts substantially as set forth above, makes this statement:

“Th'e jury on this conflicting evidence had its choice of murder, justifiable homicide or voluntary manslaughter in the heat of passion caused by words, threats, menaces, and an assault by deceased less than a felony. There were no other grades of homicide or issues involved in our humble judgment. There was no issue as to mutual combat, or any evidence that the defendant and the deceased mutually agreed to fight with weapons and did mutually engage in combat.” It is…