Smith v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

in which McCORMICK, Presiding Judge, and MEYERS, MANSFIELD, KELLER, PRICE and HOLLAND, Judges, join.

We granted review in this ease to resolve some conflicts in our opinions on that aspect of the law of self-defense known as the doctrine of provocation or provoking the difficulty-

On an indictment for murder, a jury convicted the appellant of voluntary manslaughter and sentenced him to eighteen years imprisonment. At trial, the evidence raised the issue of self-defense, and the jury was charged accordingly. Over the appellant’s objection,…