Alabama Court of Appeals June 29, 1920, 8 Div. 702. (Morell v. State)

SAMFORD, J.

The propositions of law presented for review, and necessary on this appeal to deal with, may be illustrated by the following written charge, given at 'the request of the state:

• “I charge that if you believe from the evidence beyond a reasonable doubt that the assault in this case, if one was committed, was in a sudden rencounter or affray, and caused by the defendants by the use of