Judgment modified, on the law, by vacating the conviction for assault in the second degree, and the sentence imposed thereon. As so modified, judgment affirmed and new trial ordered as to said charge.
It was error for the trial court to refuse to charge the jury on the defense of justification. In determining whether a justification defense, or any defense for that matter, is available to a defendant the evidence must be viewed in the light most favorable to the accused...
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