ROBINSON v. STATE

34319.

87 Ga. App. 305 (1952)

73 S.E.2d 578

ROBINSON v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied December 4, 1952.


Attorney(s) appearing for the Case

Grady Gillon, W. O. Cooper Jr., for plaintiff in error.

Wm. M. West, Solicitor-General, Chas. F. Adams, contra.


TOWNSEND, J.

(After stating the foregoing facts.) 1. The first special ground of the amended motion for a new trial assigns error on the failure of the court, without request, to charge on the subject of mutual combat and mutual intention to fight. Where the evidence indicates that the law of mutual combat is essentially for consideration, it is error to fail to charge on this subject, even in the absence of request. Bailey v. State, 148 Ga. 401 (96...

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