Whitfield v. State

In dissenting from the majority opinion of the court, I feel it is necessary to state briefly my reason for doing so. As shown by the majority opinion, the defendant was convicted of the crime of assault with intent to kill, and his punishment fixed at imprisonment in the state penitentiary for a term of three years.

The coui’t of its own motion gave instruction No. 11, which is as follows:

“You are instructed if the defendant willingly engaged the prosecuting witness, J. M. Lanford, in a fist fight and provoked the difficulty and during the fight drew a loaded pistol for the purpose of…