164
164
 
scheme or plan, and therefore we are not requesting it.
So are you?
 
MR. TYSON:
No.
MR. DENIS DE VLAMING:
No.
THE COURT:
Nobody wants it, that
certainly makes that it easy. I am going to move a
couple of things around in here. Nobody cares too much
about the order I would imagine, but after the battery
charge I would do the self —- the lawful use of non—
deadly force instruction right there. I’d follow the
battery charge with that.
 
Then, of course, I have taken out the part
about the Defendant not testifying, because that clearly
is not the case here.
 
MR. DENIS DE VLAMING:
Correct.
THE COURT:
What about weighing the
evidence? Do you all want all those items in? I circled
a few that may be questionable, 6,8,9, and 10.
 
MR. TYSON:
Judge, I would like 6 to be in.

THE COURT:
I can understand that. I can
understand that. I will leave 6 in.
 
MR. TYSON:
I don’t believe that we have
an inconsistent statement that we are aware of, 8,9 and
10 are out?

16