HULSEY v. STATE

CANDLER, Justice.

Leroy, alias Jack, Hulsey was indicted by a grand jury in Floyd County for the murder of Burney W. Garrett. He was convicted of that offense and sentenced to life imprisonment. A motion for new trial on the usual general grounds was timely filed by him and afterwards amended by adding a ground complaining of the court's failure, without request, to charge the law of voluntary manslaughter as related to mutual combat. His motion as amended was overruled, and he excepted. Held:

1. The verdict is amply supported by evidence, and the general grounds of the motion are therefore without merit.

2. The State's evidence made out a clear case of unprovoked murder, and the defendant's statement showed legal justification for the homicide. In these circumstances, with or without a request therefor, a charge upon the law of voluntary manslaughter as related to mutual combat was neither required nor proper. Johnson v. State, 173 Ga. 734 (2) ( 161 S.E. 590); Green v. State, 195 Ga. 759 ( 25 S.E.2d 502). "Mutual combat exists where there is a fight with dangerous or deadly weapons, and when both parties are at fault and are mutually willing to fight because of a sudden quarrel." Joyner v. State, 208 Ga. 435 ( 67 S.E.2d 221). See Harris v. State, 184 Ga. 382, 390 ( 191 S.E. 439), and Watson v. State, 66 Ga. App. 242 ( 17 S.E.2d 559).

3. The judgment complained of is not erroneous for any reason assigned.

Judgment affirmed. All the Justices concur.