DENNY, Justice.
The defendant excepts to and assigns as error the following portion of his Honor's charge to the jury: "Now, in determining the degree of force a person may use you will have to take into consideration all the surrounding circumstances. Generally speaking, gentlemen of the jury, a person can't fight somebody with a pistol who is making what is called a simple assault on him, that is an assault in which no weapon is being used, such as a deadly weapon...
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