GARDNER, P. J.
1. In the first special ground of his motion for a new trial, the defendant assigns as error the following charge of the court: "Then address yourselves to the question of whether he is guilty of a lesser offense embraced within the allegations of the indictment, and that is the offense of shooting at another. In that connection, the court charges you that any person who shall be guilty of the offense of shooting at another, except in his own defense...
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