
    WALLER v. THE STATE.
    Argued February 15,
    Decided February 23, 1897.
    Indictment for murder. Before Judge Eelton. Bibb superior court. Hovember term, 1896.
    
      John R. Hooper and Marion Harris, for plaintiff in error.
    
      J. M. Terrell, attorney-general, and Robert Hodges,., solicitor-general, contra.
   Fish, J.

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 th-e law of voluntary manslaughter as related to the doctrine of “mutual com-bait”; and the omissi-on 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.

Judgment reversed.

All the Justices concurring.  