(concurring).
The record shows that relator claimed that the police refused to include in the confession which he signed his statement that the deceased had come after him with an ice pick. This would require consideration along with the fact that he was not represented by counsel and none was offered to him. See Davis v. North Carolina, 384 U.S. 737, 86 S.Ct. 1761, 16 L.Ed.2d 895 (June 20, 1966). However, the issue of voluntariness of the confession was not raised in the district court or before us and apparently has not been raised in the state courts. I feel it desirable, however, to point to this element in the case while concurring in the judgment of the court on the issues raised before us.