Waller v. State
| Decision Date | 23 February 1897 |
| Citation | 100 Ga. 320,28 S.E. 77 |
| Parties | WALLER v. STATE. |
| Court | Georgia Supreme Court |
Murder—Mutual Combat—Instructions.
1. There being, on the trial of an indictment for murder, evidence which, if credible, would have warranted a finding that the slayer and the deceased, upon a sudden quarrel, each being armed with a deadly weapon, mutually engaged in a mortal combat, each using his weapon, and intending to kill the other therewith, It was the duty of the judge, with or without a request, to give in charge to the jury the law of voluntary manslaughter as related to the doctrine of "mutual combat"; and the omission to do so is cause for a new trial, where the accused was convicted of murder.
2. In such a case, merely reading to the jury the sections of the Code relating to manslaughter did not sufficiently instruct them as to the law applicable to the issues involved.
(Syllabus by the Court.)
Error from superior court, Bibb county; W. H. Felton, Jr., Judge.
Charles Waller was convicted of murder, and brings error. Reversed.
John R. Cooper and Marion Harris, for plaintiff in error.
Robert Hodges, Sol. Gen., and J. M. Terrell, Atty. Gen., for the State.
Judgment reversed.
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Sheffield v. State
...v. State, 30 Ga. 67; Findley v. State, 125 Ga. 579(3), 54 S.E. 106.' See further, on this subject:Tate v. State, 46 Ga. 148; Waller v. State, 100 Ga. 320, 28 S.E. 77; Higgs v. State, 148 Ga. 136, 95 S.E. 994; v. State, 148 Ga. 401, 96 S.E. 862; Butt v. State, 150 Ga. 302, 103 S.E. 466; Buch......
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Cotton v. State
... ... circumstances tending to show mutual combat, or the mutual ... intention to fight, the court should give in charge to the ... jury the law of voluntary manslaughter as related to mutual ... combat. A failure so to charge will require the grant of a ... new trial. Gann v. State, supra; Waller v. State, ... 100 Ga. 320, 28 S.E. 77; Hart v. State, 135 Ga. 356, ... 357, 69 S.E. 530; Brannon v. State, 188 Ga. 15, 18, ... 2 S.E.2d 654 ... 2. In ... special ground 2, error is assigned on the failure of the ... court to charge the law of justifiable homicide under the ... ...
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Brannon v. State
... ... where weapons other than pistols are used. If there be any ... facts or circumstances tending to show mutual combat or ... mutual intention to fight, the court should give in charge to ... the jury the law of combat as related to voluntary ... manslaughter. Waller v. State, 100 Ga. 320, 28 S.E ... 77; Dorsey v. State, 110 Ga. 331, 35 S.E. 651; Hart ... v. State, supra; Clements v. State, 140 Ga. 165, 78 ... S.E. 716; Higgs v. State, 148 Ga. 136, 95 S.E. 994; ... Little v. State, 150 Ga. 728, 105 S.E. 359 ... Counsel ... for the ... ...
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Fann v. State
... ... suffice, where under the [195 Ga. 177] evidence, as ... distinguished from the statement of the accused, the jury ... would be authorized to find that the homicide occurred under ... circumstances showing a mutual intention to fight (Waller ... v. State, 100 Ga. 320, 28 S.E. 77; Findley v ... State, 125 Ga. 579(3), 583, 54 S.E. 106; Buchanan v ... State, 153 Ga. 866(1), 869, 870, 113 S.E. 87; Shafer ... v. State, 191 Ga. 722(3, 4), and cit., 13 S.E.2d 798), ... the evidence in this case shows that the deceased was ... actually ... ...