In Smith v. State, No. 04-95-00337-CR, 1997 WL 94151 (Tex. App.-San Antonio Mar. 5, 1997, pet. ref'd), the appellant was convicted of aggravated assault. Id. The trial court granted requested instructions on self-defense, apparent danger, and defense-of- third-persons. Id. But Smith argued that the court should have given a separate instruction under Section 9.04 because it does not require the actor to retreat before threatening to use deadly force. Id. The appellate court concluded that Smith had misconstrued Section 9.04. Id. It relied on the statutory language that "The threat of force is justified when the use of force is justified by this chapter." Id. Section 9.04 must incorporate the other sections of Chapter 9 that justify the use of force. In Smith, the sections incorporated were Sections 9.31 and 9.32 dealing with self-defense. Id.