ON MOTION FOR REHEARING
MILLER, Judge.Appellant was convicted of capital murder and assessed the death penalty as punishment. On direct appeal, this Court found no merit in appellant’s thirty-one points of error and affirmed his conviction. See Havard v. State, 800 S.W.2d 195 (Tex.Cr.App.1989). Appellant raises ten grounds for rehearing in his motion, of which we granted nine. Finding merit in appellant’s first three grounds for rehearing, we accordingly reverse his conviction.1 Art. 44.29(c), V.A.C.C.P.
The facts of this offense are critical to resolving the issues raised in this motion for rehearing. Appellant was convicted of killing Kevin Williams, a peace officer who was acting in the lawful discharge of an official duty. We quote the pertinent portions of the facts which were summarized in the opinion on original submission.
On March 9, 1985, appellant went to the home of his estranged wife, Linda (sic) Havard, and her roommate, Lynn Risner. appellant arrived at their apartment in the Woodcreek complex at approximately 1:15 A.M. According to the testimony of Lynn Risner, appellant and his wife argued, and the argument escalated into a scuffle. When Risner became concerned for Linda (sic) Havard’s safety, she called the police. Officer Kevin Williams responded to the call for the Huntsville Police Department. Jay Huber and David Hall, security guards for Resources Unlimited, were also dispatched to the scene by their employer because Resources Unlimited had a security contract with the management of the Woodcreek Apartments.
Hall arrived first on the scene, riding a Resources Unlimited motorcycle. About a minute later, Officer Williams arrived in a marked Huntsville Police ear, immediately followed by Huber in a Resources Unlimited station wagon. Williams pulled into a parking place as did Huber and Hall.
Hall testified that, as he was propping his helmet on the motorcycle, he heard Lynn Risner yelling for help and saw her *214running towards them. After Risner came around the corner of a building, Linda (sic) Havard approached from an alley running between two buildings. At this point, the testimony begins to conflict.
According to Risner’s testimony, she saw appellant step from behind a building, raise a .22 caliber rifle to his shoulder, and point it at the police officer. She said that she shouted ‘There he is,’ and pointed in appellant’s direction. Officer Williams then turned to appellant and shouted ‘Freeze; stop; police; drop you weapon.’ She said that she saw a flash from the muzzle of appellant’s rifle and heard a shot. Risner counted six shots, all fired by appellant, but was not able to say precisely where the shots were aimed. On cross-examination, she was able to add few details.
Hall’s and Huber’s testimony was substantially the same as Risner’s. The only direct conflict was that both security guards agreed that Risner did not shout ‘There he is’ and that Officer Williams did order appellant to freeze and drop his weapon, but did not announce that he was a police officer. In addition, Hall said that after the shots were fired, appellant went back around the building beside which he had been standing. Hall drew his pistol and followed appellant. He saw appellant start to get into a pickup truck. Hall shouted for appellant to freeze and drop his weapon, and appellant complied.
* ⅜ ⅜ * * *
. Appellant’s testimony agreed with that of Huber and Hall, with certain additions. Appellant testified to his agitated mental state at the time of the offense; that he believed that he saw a flash from Williams’ gun, that he believed was fired at him; and that he did not know that Williams was a police officer. Neutron activation tests and the testimony of Ris-ner, Hall, and Huber indicate that appellant was the only one to fire a gun.
In grounds for rehearing one through three, appellant challenges this Court’s holding as to his ninth point of error on direct appeal wherein appellant asserted the trial court erred in overruling his objection to the jury charge at the guilt/innocence phase of trial. Appellant objected to the failure of the charge to instruct the jury on the lesser included offense of voluntary manslaughter. V.T.C.A. Penal Code § 19.04. In addressing the ninth point of error, we held the trial court did not- err in failing to instruct the jury on voluntary manslaughter because the issue was not raised by the evidence. In reaching this conclusion, the Court stated that provocation, in support of a claim of “sudden passion” under Penal Code § 19.04, must derive from the deceased and that therefore “the only evidence relevant to appellant’s claim of voluntary manslaughter is his testimony that he believed that he had been fired' at by [the deceased].” Ha-vard, 800 S.W.2d at 206. This Court found the evidence did not show “appellant acted out of ‘terror’ and was incapable of reflecting on his action and acting with cool reflection[]”, but rather it was appellant’s conscious desire to fire at the deceased. Id. at 206.
In the three grounds for rehearing, appellant contends the Court erred in holding (1) the evidence did not raise the lesser included offense of voluntary manslaughter, and thus the trial court did not err in failing to submit a charge on the issue; (2) the only evidence relevant to whether voluntary manslaughter was raised was appellant’s testimony that he believed the deceased had fired at him; and (3) that provocation in support of a voluntary manslaughter charge must derive from the deceased. The three grounds are obviously interrelated, but we address them independently in reverse order for clarity’s sake.
Penal Code section 19.04 provides in pertinent part:
(a) A person commits [Voluntary Manslaughter] if he causes the death of an individual under circumstances that would constitute murder under Section 19.02 of this code, except that he caused the death under the immediate influence of sudden passion arising from an adequate cause.
*215(b) “Sudden passion” means passion directly caused by and arising out of provocation by the individual killed or another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation, (emphasis supplied)
(c) “Adequate cause” means cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection.
Clearly, under the express language of this statute, provocation, in support of a claim of “sudden passion”, may derive from someone other than the deceased, but this person must be someone “acting with ” the deceased. Marquez v. State, 725 S.W.2d 217 (Tex.Cr.App.1987) (evidence must show anger was result of act of provocation on part of deceased or third party acting in concert with deceased). Thus, the Court erred in its original opinion when it stated provocation must derive from the deceased. In making that erroneous statement the Court relied upon two cases from this Court, Hobson v. State, 644 S.W.2d 473 (Tex.Cr.App.1983), and Daniels v. State, 645 S.W.2d 459 (Tex.Cr.App.1983).2 In both Hobson and Daniels, the evidence showed a confrontation between only the defendant and the deceased, so whether provocation arose from someone other than the deceased was irrelevant to the disposition of those cases and was properly not addressed. Neither Hobson nor Daniels is dispositive of the case sub judice. Since provocation may arise from someone other than the person killed, pursuant to Penal Code § 19.04, we sustain appellant’s third ground in his motion for rehearing.
Finding merit in appellant’s third ground for rehearing leads us to find merit in his second ground as well. In his second ground for rehearing, appellant contends the Court erred in holding the only evidence relevant to whether voluntary manslaughter was raised was appellant’s testimony that he believed the deceased had fired at him. Appellant correctly asserts that this Court, in determining whether voluntary manslaughter was raised by the evidence, must consider not only the acts of the deceased but also the acts of anybody acting with the deceased. In his motion for rehearing, appellant argues that the security officers, Huber and Hall, were acting with the deceased, and therefore, in accordance with Penal Code § 19.04(b), the actions of the security officers as well as those of the deceased must be considered in determining whether the necessary provocation exists so as to raise voluntary manslaughter. Given the facts of this case, we agree with appellant that the security officers were acting in conjunction with the deceased and that evidence concerning their actions must be considered in determining whether the issue of voluntary manslaughter was raised. Thus, the Court erred on original submission in finding “the only evidence relevant to appellant’s claim of voluntary manslaughter [was] his testimony that he believed that he had been fired at by [the deceased].” See Havard, 800 S.W.2d at 206. We therefore sustain appellant’s second ground for rehearing.
With the resolution of the second and third grounds for rehearing, we are now in a position to address appellant’s first ground for rehearing, which is actually a restatement of his ninth point of error on original submission, viz: the issue of voluntary manslaughter was raised and should have been submitted to the jury via the court’s charge at guilt/innocence. This Court utilizes a two-prong test when determining whether the jury must be charged on a lesser included offense. This test, first followed by a plurality of this Court in Royster v. State, 622 S.W.2d 442 (Tex.Cr.App.1981) (Opinion on Rehearing), was adopted by a majority of the Court in Aguilar v. State, 682 S.W.2d 556 (Tex.Cr.App.1985). The test consists of the following: (1) the lesser included offense must be included within the proof necessary to establish the offense charged; and (2) there *216must be some evidence in the record that the defendant, if guilty, is guilty only of the lesser offense. See Aguilar, 682 S.W.2d at 558; Moreno v. State, 702 S.W.2d 636, 640 (Tex.Cr.App.1986); Godsey v. State, 719 S.W.2d 578 (Tex.Cr.App.1986); and Dowden v. State, 758 S.W.2d 264, 268 (Tex.Cr.App.1988).
Logic dictates that the first prong of this test is easily satisfied. At the risk of overstating the obvious, we note that in proving the charged offense, capital murder, the State must prove inter alia the defendant committed a murder. Murder is, by definition, a lesser included offense of capital murder because “it is established by proof of the same or less than all the facts required to establish the commission of [capital murder]”. Art. 37.09(1), V.A.C.C.P. In Bradley v. State, 688 S.W.2d 847, 849 (Tex.Cr.App.1985), this Court held that in some circumstances voluntary manslaughter may be a lesser included offense to murder. If all other conditions are met, and if there is some evidence of sudden passion in the case, then voluntary manslaughter will be considered a lesser included offense of either murder or capital murder.3 Concluding that voluntary manslaughter may be a lesser included offense of capital murder, we now must determine whether the evidence raised the issue that appellant was guilty only of voluntary manslaughter and was thus entitled to a corresponding jury charge.
In deciding whether the issue of a lesser included offense is raised, we look to all the evidence presented at trial and not solely whether the defendant’s testimony raises or negates the issue of the lesser included offense. Lugo v. State, 667 S.W.2d 144, 147 (Tex.Cr.App.1984). The credibility of the evidence and whether it is controverted or conflicts with other evidence may not be considered. Marras, 741 S.W.2d at 405. It is the jury’s duty, under proper instruction, to determine whether the evidence is credible and supports a finding that the lesser included offense was committed. Hayes v. State, 728 S.W.2d 804 (Tex.Cr.App.1987). The credibility of testimony is solely within the jury’s domain, and it may “selectively believe” evidence at trial presented by the State and the defendant. See Godsey, 719 S.W.2d at 585 (Miller, J. concurring). In other words, the jury may accept or reject all or a part of a witness’s testimony, including that of the defendant.
After reviewing the record, we find the evidence raises the issue of voluntary manslaughter. Appellant testified he went to his wife’s apartment to get some information for their income tax forms. He and his wife, Elaine, began arguing when she refused to let him spend the night with her. Appellant stated he felt emotionally hurt and angry at this time, and both his and Risner’s testimony established the argument was emotional and became physical.4 According to appellant, Elaine “produced the rifle”, which he took away from her, and then she ran from the apartment. Appellant, too, left the apartment, ran around the apartment building, and ended up on ledge5 where the shooting occurred. He was looking for his wife, and when he found her, he raised the rifle and attempted *217to look at his wife through the gun’s scope, although he stated he does not know why he did that. Appellant heard “freeze”, saw his wife be pushed to the ground by someone taller than she (Williams), and saw a gun pointed directly at him. He also stated he saw another person (Hall) standing with Williams and he thought he had a gun in his hands. Appellant did not know Williams was a police officer, nor did he hear Williams yell “police”. After hearing “freeze”, appellant testified he began to lower his rifle, but he saw the two men quickly coming toward him with guns, and then thought he saw a flash meaning someone was shooting at him. Appellant fired back, spraying the area with bullets, but he did not know he had hit anyone. He stated the whole incident, from the time he came around the corner to the shooting, lasted only about 10 seconds.
This case is clearly distinguishable from those cases wherein this Court has held that a mere claim of fear does not establish the existence of sudden passion arising from an adequate cause. See e.g. Gonzales v. State, 717 S.W.2d 355 (Tex.Cr.App.1986). For a claim of fear to rise to the level of sudden passion, there must be evidence that the defendant’s state of mind rendered him incapable of cool reflection. Id. at 357, citing Daniels, 645 S.W.2d 459. Testimony that the defendant became enraged, resentful or terrified immediately prior to the shooting adequately indicates such a state of mind. Id., citing Bradley, 688 S.W.2d 847. In Gonzales, there was no testimony indicating the defendant was “emotionally aroused” at the time of the shooting or that he had cause to be aroused. On the contrary, the evidence showed appellant, after witnessing a confrontation between his friend and the victim in a bar, went to his friend’s car, retrieved his pistol, waited for the victim, and then shot him after the victim came up behind him and fired a shot. This Court found the defendant’s own testimony indicated he remained cool and composed throughout this confrontation. Thus, the defendant's “mental state did not call for an instruction on voluntary manslaughter.” Gonzales, 717 S.W.2d at 357.
We find the present cause is more akin to Schoelman v. State, 644 S.W.2d 727 (Tex.Cr.App.1983). In that case, the defendant had an argument with a man she had dated. At the time of the argument, the defendant was described as “real mad”, “mad”, and “upset”. The victim attempted to calm the defendant and eventually slammed the door in her face and locked her out of the victim’s establishment, wherein was the boyfriend. The defendant kicked in the door and fired her revolver, killing the victim. At trial, the defendant testified the gun fired accidentally and that she was emotionally distraught immediately after the shooting. Considering all the relevant facts and circumstances in the case, the Court held the evidence was sufficient to warrant an instruction on voluntary manslaughter. Id. at 733.
Appellant’s testimony in the case sub judice indicates he was emotionally hurt and mad at the time he raised his rifle while standing on the ledge. Appellant thought he saw two men with weapons drawn coming toward him and that someone actually shot at him. He testified the events of the shooting happened quickly and he did not know what he was thinking at the time. Appellant expressed fear for his life. Under these circumstances, the evidence indicates appellant was acting under the immediate influence of sudden passion arising from an adequate cause. Penal Code § 19.04(a). If the jury chose to believe appellant’s testimony, then appellant is guilty only of voluntary manslaughter. Therefore, we hold the trial court erred in failing to instruct the jury on the lesser included offense of voluntary manslaughter. Appellant’s third ground in his motion for rehearing is granted, and we withdraw that portion of our original opinion addressing appellant’s ninth point of error.
Accordingly, the judgment of the trial court is reversed and the cause is remanded.
DAVIS, J., not participating. *218WHITE and STURNS, JJ., concur in the result. BERCHELMANN, J., dissents.. We do not address the merits of the remaining six grounds, numbers four through nine, since we find merit in appellant’s first three grounds for rehearing and reverse the conviction on those grounds.
. The original opinion also cited two courts of appeals cases, Belachheb v. State, 699 S.W.2d 709 (Tex.App. — Fort Worth 1985, no pet.), and Jones v. State, 687 S.W.2d 425 (Tex.App. — Dallas 1985, no pet.).
. Also see Lincecum v. State, 736 S.W.2d 673, 679 (Tex.Cr.App.1987), where the Court assumes for the sake of argument that voluntary manslaughter is a lesser included offense of capital murder; Harris v. State, 784 S.W.2d 5, fn. 2 (Tex.Cr.App.1989); Marras v. State, 741 S.W.2d 395, 405 (Tex.Cr.App.1987) (same); and Green v. State, 682 S.W.2d 271, 295 (Tex.Cr.App.1984).
. Appellant’s wife, Elaine Havard, did not testify at trial, but Hall testified Elaine ran up to him and said, "Oh my God, help me. He’s real mad.” We include in this discussion the evidence regarding appellant’s agitated emotional and mental state immediately prior to the shooting because such evidence is relevant to his state of mind at the time of the offense. V.T.C.A. Penal Code § 19.06. See also McCartney v. State, 542 S.W.2d 156, 159 (Tex.Cr.App.1976) (former Presiding Judge Onion reviews the history of Penal Code § 19.04 and notes the time element of the sudden passion definition was not strictly limited by Texas courts to the actual time of the homicide but included provocation which “constitutes a part of the res gestae” of the homicide). The testimony is also relevant to the determination of whether appellant was incapable of cool reflection at the time of the shooting. Penal Code § 19.04(c).
.From the exhibits, we find the "ledge” was a small grassy hill adjacent to the apartment building.