Roberson v. State

(concurring).—I concur with Judge Morrow in the reversal of the judgment upon the ground and for the reason stated by him in his opinion granting the rehearing and reversing the judgment. I deem it unnecessary to review that question further than to state my concurrence.

I seriously question that the issue of provoking the difficulty was in the case under the facts stated in the record. I do not care to discuss that question at any length as it can not enter into a subsequent trial as 'it did on the former trial for the reason that the issue of murder has been eliminated from the case by the…