Dunne v. State

on rehearing.

June 25, 1924.

HAWKINS, Judge.

— The opinion heretofore rendered is attacked upon the ground that it is erroneous in holding that the refusal ©£ the trial judge to charge upon uncommunicated threats did not eall for a reversal. Exceptions were presented complaining of the omission of such instructions from the main charge, and the following special charge was requested.

“Uncommunicated threats are always admissible to determine among other things, where that is an issue in the ease, who began the difficulty — who was the aggressive party — defendant or deceased? So, in this case,'…