BROCK, Chief Judge.
Defendant and his brother, the victim of the assault, went to their aunt's home for a visit. Defendant carried a bottle of whiskey. Defendant, his brother, their aunt, and a roomer in their aunt's home gathered in the living room. The four of them sat and talked while they had a few drinks. Defendant's aunt upset defendant's bottle of whiskey, and defendant became agitated. He drew a pistol from his pocket. His brother asked him to put it away...
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