Freddo (D) was 19 years of age and employed at a railroad company. Higginbotham was six years older than D and was taller and outweighed D by 30 lbs. Higginbotham had called D a son of a bitch. D without meaning offense asked Higginbotham to stop calling him that. Higginbotham repeated the saying to D. D was noticeably upset by the use of those words, and even other sought out Higginbotham and told him to stop. D and Higginbotham were working together when an oil spill found Higginbotham calling D names again. D then seized a steel bar and hit Higginbotham with it because D thought that he was coming after him, so he hit him. D was indicted for murder in the first degree and found guilty of second-degree murder. D contends that he should have only been found guilty of voluntary manslaughter. D appealed.

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