Raines v. State

1. As a matter of law the evidence does not demand the conclusion that the prosecutor was the aggressor. The jury were authorized to find that the defendant by his words and. conduct provoked the difficulty and provoked the prosecutor to use the opprobrious words attributed' to him. The jury were further authorized to find that the accused was not justified, since he provoked the difficulty, if the jury so found, to retort “You are another one.” The jury were further authorized to find, under such a situation, that the defendant was not justified in either striking the prosecutor with a…