Mathis v. State, 26 S.E.2d 606 (Ga. 1943). · Go Syfert
Mathis v. State, 26 S.E.2d 606 (Ga. 1943). Cases Citing This Book View Copy Cite
51 citation events (12 in the last 25 years) across 3 distinct courts.
Strongest positive: Barnes v. State (ga, 2019-01-22)
Treatment trajectory · 1944 → 2026 · click a year to view as-of
1944 1985 2026
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (rule) Barnes v. State
Ga. · 2019 · confidence medium
See Johnson v. State, 300 Ga. 665, 669 (4) (c) ( 797 SE2d 903 ) (2017); Mathis v. State, 196 Ga. 288, 291 (1) ( 26 SE2d 606 ) (1943) (mutual willingness, readiness, and intent of both parties to fight is essential to establish mutual combat).
discussed Cited as authority (rule) Berrian v. State
Ga. · 2015 · confidence medium
Mathis v. State, 196 Ga. 288, 291 (1) ( 26 SE2d 606 ) (1943); see also Weatherby v. State, 213 Ga. 188, 193 (4) ( 97 SE2d 698 ) (1957) (where the defendant’s testimony would have been sufficient to prove he killed the victim in self-defense and show a case of justifiable homicide, a voluntary manslaughter charge based on mutual combat “is neither required nor authorized”).
discussed Cited as authority (rule) Holloway v. State (2×)
Ga. Ct. App. · 1975 · confidence medium
Reluctance, or fighting to repel an unprovoked attack, is self-defense and is authorized by the law, and should not be confused with mutual combat." Mathis v. State, 196 Ga. 288, 291 ( 26 SE2d 606 ).
discussed Cited as authority (rule) Odom v. State (2×) also: Cited "see"
Ga. Ct. App. · 1962 · confidence medium
As stated by the Supreme Court in Mathis v. State, 196 Ga. 288, 291 ( 26 SE2d 606 ): “The essential ingredient, mutual intent, in order to constitute mutual combat, must be a willingness, a readiness, and an intention upon the part of both parties to fight.
discussed Cited as authority (rule) Chandler v. Alabama Power Company (2×)
Ga. Ct. App. · 1961 · confidence medium
“Ordinarily hearsay testimony is not only inadmissible but wholly without probative value, and its introduction without objection does not give it any weight or force whatever in establishing a fact. . .” Higgins v. Trentham, 186 Ga. 264 (1) ( 197 SE 862 ) ; Mathis v. State, 196 Ga. 288, 291 ( 26 SE2d 606 ); Rabun v. Wynn, 209 Ga. 80 , supra; Acme Fast Freight, Inc. v. Southern Ry.
discussed Cited as authority (rule) Porter v. State
Ga. · 1957 · confidence medium
“Reluctance, or fighting to repel an unprovoked attack, is self-defense and is authorized by the law, and should not be confused with mutual combat.” Mathis v. State, 196 Ga. 288, 291 ( 26 S. E. 2d 606 ).
discussed Cited as authority (rule) Dupree v. State (2×)
Ga. · 1957 · confidence medium
Mims v. State, 188 Ga. 702 ( 4 S. E. 2d 831 ); Roberts v. State, 189 Ga. 36 ( 5 S. E. 2d 340 ); Mathis v. State, 196 Ga. 288, 291 ( 26 S. E. 2d 606 ).
discussed Cited as authority (rule) Joyner v. State
Ga. · 1951 · confidence medium
Reluctance, or fighting to repel an unprovoked attack, is self-defense and is authorized by the law, and should not be confused with mutual combat.” Mathis v. State, 196 Ga. 288, 291 ( 26 S. E. 2d, 606 ).
discussed Cited as authority (rule) Turner v. State
Ga. Ct. App. · 1951 · confidence medium
“An aggressor will not be allowed, under the law, to mitigate his crime on the theory of mutual combat when it appears that his victim had no desire to fight, and intended to fight only to the extent that a defense of his person against unprovoked attack was necessary.” Mathis v. State, 196 Ga. 288, 291 ( 26 S. E. 2d, 606 ).
discussed Cited as authority (rule) McDaniel v. State
Ga. · 1944 · confidence medium
Eeluctance, or fighting to repel an unprovoked attack, is self-defense and is authorized by the law, and should not be confused with mutual combat.” Mathis v. State, 196 Ga. 288, 291 ( 26 S. E. 2d, 602 ).
discussed Cited "see" JOHNSON v. the STATE. (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
Gobeil and Hodges, JJ., concur. 1 See, e.g. , Powell v. State , 310 Ga. App. 144 , 144, 712 S.E.2d 139 (2011). 2 The medical examiner explained that a stab wound is deeper within the body than it is long on the surface of the body, while an incised wound is longer on the surface of the body than its depth within the body. 3 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 4 Chapman v. State , 273 Ga. 348 , 349-50 (2), 541 S.E.2d 634 (2001) ; see Strickland , 466 U.S. at 687 (III), 104 S.Ct. 2052 ; Ashmid v. State , 316 Ga. App. 550 , 556 (3), 730 S.E.2d 37 (2012) ("[F]irst, appellant mus…
discussed Cited "see" Ruffin v. State (2×)
Ga. · 2014 · signal: see · confidence high
See Mathis v. State, 196 Ga. 288 (1) ( 26 SE2d 606 ) (1943) (a mutual willingness, readiness, and intent of both parties to fight is essential to establish mutual combat). (b) Where, as here, trial counsel fails to raise an objection to the trial court’s instruction, appellate review is precluded pursuant to OCGA § 17-8-58, unless appellant can show plain error.
discussed Cited "see" Williams v. State (2×)
Ga. · 1974 · signal: see · confidence high
See Mathis v. State, 196 Ga. 288, 291 ( 26 SE2d 606 ) (1943); and McDaniel v. State, 197 Ga. 757 ( 30 SE2d 612 ) (1943).
discussed Cited "see, e.g." Taylor v. State (2×)
Ga. · 1965 · signal: see also · confidence low
See also, Mathis v. State, 196 Ga. 288 ( 26 SE2d 606 ).
Mathis
v.
the State
14585..
Supreme Court of Georgia.
Jul 7, 1943.
26 S.E.2d 606
Leward Hightower and R. L. Addleton , for plaintiff in error. T. Grady Head, attorney-general, F. E. Strickland, solicitor-general , and Maud Saunders , contra.
Duckworth.
Cited by 26 opinions  |  Published
Duckworth, Justice.

The homicide did not result from the first encounter, nor is there a scintilla of evidence to show that at that time the defendant and the deceased mutually agreed to “fetch their weapons and fight.” Hence the decision in Gann v. State, 30 Ga. 67, is inapplicable here. The encounter appears from the evidence, which is uncontradicted even by the defendant’s own statement, to have arisen by the defendant’s charge or belief that the deceased had taken a bottle of his “ace high.” There is no evidence that this accusation or belief was justified, but it appears that this encounter terminated without agreement, plan, or intention by the parties to return and renew the same. The defendant’s[*291] statement makes no contention that he procured the shotgun and returned to the lunch-stand expecting or intending to see the deceased there and engage in further controversy with him. On the contrary, he stated that his sole object in returning to the lunch-stand was for the purpose of getting a pair of pants which he had left there. He offered no explanation why he carried' his shotgun. But his counsel contends that the testimony of the State’s witnesses, that they had trouble before the shooting took place, that they were both cursing, that both of them came back, that the wife of the deceased was trying to get him to go home, and that the deceased beat the defendant back to the lunch-stand and was waiting for him, or that it looked to the witness like he was waiting for him with his hands in his pockets, required an instruction on mutual combat. It is further contended that the deceased’s statement to his wife that the defendant had a gun and could do nothing but shoot shows a mutual intent to fight. It is the law, as contended by the defendant’s counsel, that there need not be mutual blows in order to constitute mutual combat; but when there exists the essential ingredient, to wit, an intention on the part of both parties to fight, mutual combat exists, although the first blow kills or disables one of the parties. Ray v. State, 15 Ga. 223; Tate v. State, 46 Ga. 148; Findley v. State, 125 Ga. 579 (54 S. E. 106); Bailey v. State, 148 Ga. 401 (96 S. E. 862); Daniels v. State, 157 Ga. 780 (122 S. E. 223). The essential ingredient, mutual intent, in order to constitute mutual combat, must be a willingness, a readiness, and an intention upon the part of both parties to fight. Reluctance, or fighting to repel an unprovoked attack, is self-defense and is authorized by the law, and should not be confused with mutual combat. An aggressor will not be allowed, under the law, to mitigate his crime on the theory of mutual combat when it appears that his victim had no desire to fight, and intended to fight only to the extent that a defense of his person against unprovoked attack was necessary. There is no evidence in this record, including the defendant’s statement, that would authorize a charge of the law of mutual combat. The question raised by the motion for new trial is controlled adversely to the movant by the decisions in Mims v. State, 188 Ga. 702 (4 S. E. 2d, 831); Roberts v. State, 189 Ga. 36 (5 S. E. 2d, 340); Cone v. State, 193 Ga. 420 (18 S. E. 2d, 850). The testimony of Johnnie Ray as to what his nephew, a State’s[*292] witness, told him was admissible, if at all, for impeachment purposes alone. It was otherwise hearsay and without probative value. Higgins v. Trentham, 186 Ga. 264 (197 S. E. 862); Richards v. State, 55 Ga. App. 184 (189 S. E. 682); Hodge v. American Mutual Liability Insurance Co., 57 Ga. App. 403 (195 S. E. 765); Rushin v. State, 63 Ga. App. 646 (11 S. E. 2d, 844).

The verdict was authorized by the evidence, and the general grounds of the motion for new trial are without merit.

Judgment affirmed.

All the Justices concur.