§ 6-11 Self Defense - Mutual Combat

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 6-11 Self Defense - Mutual Combat

If the defendant voluntarily participated in mutual combat for purposes other than protection, he cannot justify or excuse the [killing] [injury] of the victim in the course of such conflict on the ground of self-defense, regardless of what extremity or imminent peril he may be reduced to in the progress of the combat, unless, before the [killing] [injury] was committed, he withdrew and endeavored in good faith to decline further conflict, and, either by word or act, made that fact known to the victim.

Mutual combat exists when there is mutual intent and willingness to fight. Mutual intent is manifested by the acts and conduct of the parties and the circumstances attending and leading up to the combat. Further, it must be shown that both parties were armed with a deadly weapon. Mutual combat bars a claim of self- defense because it negates the element of not being at fault. The mutual combat doctrine is triggered when both parties contribute to the resulting fight. Self-defense is available only when the defendant is without...