Judgment of conviction unanimously reversed on the law and facts and new trial granted.
Memorandum:
Defendant was indicted for manslaughter, first degree, on the charge that he killed the deceased "in the heat of passion, such homicide not being justifiable or excusable". Defendant claims that he struck the deceased with a baseball bat in an effort to defend himself against an assault upon him by a knife which deceased had in his possession. In defining justifiable...
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