Borroum v. State

CONCURRING OPINION.

Without restating the testimony, I desire to supplement the opinion rendered with the following statement of the reasons which impel me to concur in the overruling of the motion for rehearing: I gather from the testimony that it was the appellant who first mentioned to Cox the subject-matter of the quarrel, namely, the mules topping the fence. It was he who first used harsh language; that when the deceased replied in kind, the appellant ran to his house and procured his gun. When he returned the deceased was milking his cow. When the appellant was a short distance from the…