On Application for Rehearing
HORNSBY, Chief Justice.
The opinion of September 10, 1993, is withdrawn and the following is substituted therefor.
On September 29, 1990, Larry Douglas Childers and Jerry Wayne Collins were fighting in the Wagon Wheel lounge in Muscle Shoals, Alabama, when Childers shot Collins with a pistol, killing him. Although Childers was indicted for the murder of Collins, a jury convicted him of manslaughter.
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