
    23854.
    SCHELL v. THE STATE.
    Decided March 29, 1934.
    
      
      Alton B. Hollis, W. F. Manley, B. F. Levereit, G. H. Cornwell, for plaintiff in error.
    
      C. 8. Baldwin Jr., solicitor-general, contra.
   Guerry, J.

The following charge of the court was not erroneous for any reason assigned: “A person can not create an emergency which renders it necessary for another to defend himself and then claim that such person is acting in self-defense, if fit appears that the difficulty was provoked or continued by him and the other person did only what was necessary to defend himself. If a person provokes a difficulty and creates a necessity for the other person to defend himself, then the assaulting person can not claim that he acted in self-defense, provided the other person did only what was necessary to defend Ms person from the illegal acts or act of the assaulting person. The court does not intend to intimate to you that the defendant in this case did any such act or acts. That is entirely a question for your consideration and for your determination.” Price v. State, 137 Ga. 71 (72 S. E. 908); Pryer v. State, 128 Ga. 28 (57 S. E. 93); Riley v. State, 3 Ga. App. 534 (60 S. E. 274). The charge was adjusted to the facts of the case.

The court fully and fairly stated the contentions of the parties as justified by the evidence. The remaining assignments of error are without merit. The evidence amply supports the verdict, and the court did not err in overruling the motion for a new trial.

'Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.  