Claxton v. State

In considering the state's motion for rehearing, we considered alone the sufficiency of the evidence. On the present motion for rehearing the affirmance is attacked from many angles. We have considered all but will discuss only one of them.

In the paragraph of the court's charge on the law of manslaughter, we find the following language:

"The act must be directly caused by the passion arising out of the provocation. It is not enough that the mind is merely agitated by passion arising from some other provocation, or aprovocation given by some other person than the party killed."

Timely and…