The opinion
PARKS, Judge, specially
concurring:
I write separately to address the decision of this Court to overrule Morgan v. State, 536 P.2d 952, 959 (Okla.Crim.App.1975). While Morgan, supra, sets forth a well-reasoned rule, the better approach is the one which is adopted by the majority, as it allows for a case-by-case analysis. Under this new rule, the trial court must closely scrutinize each individual case to determine whether the facts warrant instructions on both self-defense and heat of passion.
After close examination of the circumstances presented by the appellant, it is clear that an instruction on first-degree manslaughter committed in the heat of passion was not appropriate. Therefore, I agree that the appellant was not entitled to an instruction regarding the heat of passion.