5 Ga. App. 816 | Ga. Ct. App. | 1909
1. When this ease was previously before this court it was expressly held that in no view of the evidence or of the statement of the accused' was the law of justifiable homicide in eases of mutual combat, as laid down in g73 of the Renal Code, applicable, and that the court erred in giving in charge that section. (3 Ga. App. 594, 60 S. E. 288.) Without any substantial change in the evidence or in the statement of the accused, the trial court again gave in charge §73 of the Penal Code, with an immaterial modification. It was error-
2. The other assignments of error are without merit.
Judgment reversed.