NICHOLS, Presiding Judge.
1. Special ground 1 of the amended motion for new trial, which is but an amplification of the general grounds complains that the trial court erred in failing to instruct the jury upon the contentions of the defendant, "that he had a right to shoot off his gun, as he did, for the purpose of scaring off such trespassers, and that he claimed he did not intend to shoot anyone and especially the prosecutor whom he claimed not to know was present...
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