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CANON CITY, Colo. — A Colorado judge has rejected an argument that a man was justified in shooting a home visitor under the state’s Make My Day law.

The Pueblo Chieftain reported Friday that 59-year-old Thomas Addington was charged with murder and assault after shooting and killing 40-year-old Amanda Yellico in his home in December.

A public defender argued Addington was justified because he asked her to leave his Florence residence and she remained unlawfully.

Officials say the law allows people to shoot and kill intruders in self-defense in their homes.

The judge says the initial element requiring an unlawful entry into a dwelling fails because Yellico was invited to stay and live in the residence by Addington.

Addington has pleaded not guilty and an October trial is scheduled.

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Information from: The Pueblo Chieftain, http://www.chieftain.com