Alexander v. State

(dissenting).—Being unable to agree with my brethren in overruling the motion for rehearing, I wish to make a few observations in addition to what I had to say in the dissenting opinion heretofore filed.

1. This case has been affirmed upon the theory that the majority of this court do not believe the evidence suggested the issue of manslaughter; second, that it was not necessary to charge the law applicable to threats made by both of the deceased parties when they were acting together in their demonstrations against appellant, and, third, that the court did not err in charging the presumption…