Judgment and order reversed, on the law, and a new Huntley hearing and a new trial are ordered.
Defendant engaged in a struggle with the deceased, who, according to defense testimony which the jury could and did consider, drew a gun on him, which defendant knocked from his hand, picked up, and fired the shots that killed his assailant. Thus there were sufficient facts for the jury to conclude that his possession of the gun was temporary and resulted from the...
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