123 Ga. 548 | Ga. | 1905
1. The evidence for the State, if credible, warranted a verdict for murder. The evidence for the accused and his statement, if believed, showed complete justification. There was nothing in the evidence or the statement of the accused, considered separately or together, tending
2. Neither was there anything in the evidence or the statement of the accused to support the theory of mutual combat. Accordingly it was error to give in charge section 73 of the Penal Code. See Jordan v. State, 117 Ga. 405, and cit.
3. The court did not err in admitting or excluding evidence.
Judgment reversed.