Georgia Suggested Pattern Jury Instructions, Criminal Cases
HOMICIDE

§ 2.10.43.COMBAT BY AGREEMENT

Sometimes an intentional killing may not be murder. One of these circumstances (is) (may be) when the defendant and the deceased were engaged in combat by agreement.

Combat by agreement exists when both the defendant and the deceased share a present intent to fight. You may find a shared intent to fight when the circumstances show an express agreement, or you may infer it from acts or conduct, such as engaging in combat or a physical fight as the result of a quarrel.

You may decide that combat by agreement existed between the defendant and the deceased even if they had not yet begun their combat as long as you find that both shared the present intent to fight.

If you find that the Defendant killed the deceased during combat by agreement, then you may not convict of murder but you may be authorized to convict of voluntary manslaughter, and you should consider the instructions I give you on voluntary manslaughter.

(Give the following portion of the charge only if it applies, and select only those options which apply):

Combat by agreement does not exist where the evidence shows:

– the deceased was fighting solely to repel an unprovoked attack, or

– both people intended to fight but only the defendant intended to kill.

Combat by agreement no longer exists where the evidence shows:

1. the deceased withdrew from the fight,

2. the deceased clearly communicated to the defendant his/her intent to withdraw from the fight, and

3. the defendant continued the fight.

If you find that the deceased was not killed during combat by agreement, then these instructions regarding combat by agreement do not apply and you should instead consider the instructions I give you on (murder) (voluntary manslaughter) (justification).

 

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