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Judge rules in favor of imprisoned Cobb man

5:46 PM, Sep 29, 2012   |    comments
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ATLANTA (AP) -- A Cobb County man who said he shot an armed trespasser in a justified killing could be released from prison.

John McNeil has been seeking his release after a Cobb County jury convicted him in 2006 of the murder of Brian Epp.

Earlier this week, Baldwin County Judge Hulane George cited errors in the trial and a subsequent appeal that she says prejudiced the jury. The Atlanta Journal-Constitution reports that those errors include not properly informing the jury of what rights McNeil had to protect himself and his son from someone threatening deadly force.

McNeil's attorney, Mark Yurocheck, said his client should be freed soon unless Georgia Attorney General Sam Olens' office appeals. Olens spokeswoman Lauren Kane declined to comment.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Associated Press

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