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meco03211 ,

Mostly yes. Consider an actual deadly threat with someone shooting at you. You start shooting back and they duck for cover. They shoot again, you shoot again, and again they duck for cover. If I was on that jury, I’m not convicting you for shooting at the person ducking for cover. This is an extremely specific and nuanced hypothetical. So mostly yes, but there could be some million to one scenario that doesn’t follow that track.

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