
    24545.
    Powell v. The State.
    Decided March 8, 1935.
    Rehearins denied March 26, 1935.
    
      W. A. Dumpier, C. S. Glaxton, W. B. Kent, for plaintiff in error.
    
      M. II. Boyer, solicitor-general, Will Stallings, contra.
   Guerrt, J.

The evidence, while conflicting, warranted a finding by the jury that there was a mutual intent to enter into a fight by the defendant and another person, and that in the course of such mutual fight the defendant, in unlawfully shooting at such person with intent to kill him, shot and killed a bystander. A verdict finding the defendant guilty of voluntary manslaughter was therefore supported by the evidence.

Judgment affirmed.

Broyles, O. J., and MacIntyre, J., concur.  