State v. Hendrix

(dissenting) :

I respectfully dissent.

The record in this case demonstrates the ill feelings that existed between Mr. Hendrix and Mr. Cherry. Their disagreements were of long standing and often times volatile. Both men armed themselves with shotguns in anticipation of the confrontation that resulted in Mr. Cherry’s death.

The final meeting between the two men occurred by chance on a portion of Mr. Hendrix’s property next to a road. Hendrix ordered Cherry off the property at gun point, whereupon Cherry armed himself and refused to leave. Hendrix and Cherry faced each other in an armed stalemate.…