78 year old arrested for murder of burglar, *Update: Cleared of all charge but still faces strife,

[palou]

I think, it would require a reasonable threat to his life to justify the kill - depending on the details of what happened, I do believe that this should be illegal. Not a murder charge, but a charge nonetheless - perhaps a fine would do. A burglar is highly unlikely to attempt to kill/physically harm a cooperative victim, since that's not in his interest - if nothing more than as a security measure for the homeowner himself, engaging in fights against the thief should be discouraged.