Josh and his girlfriend Amy are severely intoxicated.They decide they need more whiskey.The two enter a liquor store.Josh approaches the store clerk and says,"This is a stick-up.Give me a bottle of whiskey." The clerk responds by drawing a gun and shooting Josh.As Josh falls to the floor he says,"Hey man.I was only joking." Josh survives the gunshot wound.The clerk tells police that he had been robbed a few months earlier by an intoxicated individual and believed Josh was actually a robber.The clerk's use of deadly force was lawful.
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