Steen v. State

ON REHEARING.

December 8, 1920.

Lattimore, Judge.

The State moves for a rehearing herein, urging that we were in error in holding that the issue of manslaughter was raised by the evidence and should have been submitted in the charge to the jury. It is insisted that appellant did not claim an intentional killing on passion, but that his act, if the cause of death, was not so intended; that appellant’s testimony negatived the existence of passion, if adequate cause existed; and it is urged in the motion that appellant did not testify to that state of mind which raises manslaugh ter. We cannot…