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Hudson v. State

The trial court did not err in failing to charge on mutual combat, since no evidence showed that the victim was armed with a deadly weapon.

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The appellant, Otis Hudson, appeals from his conviction for the felony murder of Chris Clark.1 On appeal, Hudson contends that the trial court erred in failing to charge on mutual combat. Finding no merit to this contention, we affirm Hudson’s conviction. 1. The evidence shows that, on March 21, 1992, Hudson and the victim had an altercation that culminated in a fight between, on the one hand, the victim, the victim’s brother, and the victim’s cousin, and, on the other hand, Hudson and several of his friends. The evidence would have authorized the jury to conclude that the victim was not armed during this fight; that, during the fight, Hudson had a gun; and that, at one point during the fight, Hudson, who was standing, shot the victim who was kneeling on the ground in front of him. We conclude that the evidence was sufficient to authorize a rational trier of fact to find Hudson guilty of felony murder beyond a reasonable doubt.2

2. Hudson contends that the trial court erred by failing to charge on mutual combat. A charge on mutual combat, however, is warranted only when the combatants are armed with deadly weapons and mutually agree to fight.3 Because there was no evidence that the victim in this case was armed with a deadly weapon, a charge on mutual combat was not warranted by the evidence.4

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