Rogers v. State

(dissenting).—In dissenting I do not care to make a statement of the ease, it being, I think, sufficiently stated by Judge Harper. Under the statement made in the majority opinion the evidence excludes the idea that the issue of provoking the difficulty was in the case. Appellant had the right of self-defense in the case untrammeled by the issue of provoking the difficulty if his or the State’s evidence be correct. As I understand the facts stated, if the question of provoking the difficulty is in the case at all, it is by reason of the fact appellant armed himself and followed Neyland until…