SUTTON, C. J.
1. The only special ground of the motion for a new trial which is now insisted upon complains that the following excerpt from the charge of the court to the jury was "erroneous and not sound as an abstract principle of law: `I charge you that a person threatened with an imminent danger is not held to the same circumspection of conduct that he would be held to if he were acting without the compulsion of emergency. A person has the right to choose even...
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