dissenting.
I respectfully dissent from the granting of rehearing in this case.
The majority takes the position that the giving of the manslaughter instruction was error which entitles appellant to a reversal. As set out in the original majority opinion in this case, it was the opinion of trial counsel that the instruction as given was beneficial to him in making a presentation to the jury that appellant should be found guilty of manslaughter only. This opinion was shared by appellate counsel.
In the opinion of the writer, counsel were correct in their observations. I cannot join in the impugning of the reputation of these attorneys by holding that their representation of appellant was so inadequate as to require the granting of a new trial