MacINTYRE, P. J.
1. In special ground 3 of the defendant's motion for a new trial, as amended, he contends that the court erred in refusing to give the following request to charge: "I charge you that, if you should find that a fist used in striking, or a shoe on the foot used in kicking, is not a weapon which would ordinarily produce death, and therefore not ordinarily a deadly weapon, and if the circumstances demonstrate to the jury that there was no intention to...
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