(concurring in part).
I concur in that part of the opinion concerning the second assignment of error, having to do with prejudice incident to evidence permitted with respect to an altercation that took place seven years before this case. I reserve judgment with respect to the first assignment about included offenses. The facts of this case with respect thereto, present some nice distinctions that are somewhat provocative of debate, which seem to me unnecessary for the decision, requiring a new trial.