Unanimously reversed, on the law, and the petition dismissed, without costs or disbursements.
The sole evidence at the hearing as to the slaying by appellant of his mother's paramour came from the mother and appellant, and was completely consistent with their statements on the day of the occurrence. It raised a defense of justifiable homicide in protection of both appellant and mother from assault by the decedent, which was not countered by other evidence. In these...
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