The case will probably come down to if the guy was in the house, or out of the house, and if he had a weapon.
If they are outside of your house, it becomes illegal, because technically he's not an intruder if he is only on your yard. If he had a weapon, self defense could be claimed no problem. Without a weapon and in your house, it could go either way
most situations if theyre in the house,id personally say that,especially at night if the person was inside to where if you killed them,id think that the home owner wouldnt really get in trouble.yes it would be wrong,but if you think about it this way:if its 3 4am in pitch dark to where you could barely make out anything,to where you see a intruder in the house,for most people they wouldnt be able to tell if the said intruder had a weapon or not,but a mere second is all it takes for the intruder,if they have a gun or a weapon,to be able to do something or shoot the homeowner,which is all it takes.
yes i see it being the right thing to do would to be to give a warning to the person that they have a gun and theyll shoot them if they dont leave,which i could see being reasonable,but if say you do give them the warning and they dont leave,and/or to where youre face to face then yes,id say that if after a warning,then i would prob shoot them,being they havent taken my warning seriously,and being its pitch dark, i wouldnt know if they had something with them,but again,that 2 or 3 seconds is all thats needed for the intruder to possible shoot or kill you.but again if they say they dont have a weapon or they stop what theyre doing to where they try leaving then yes i would say to not shoot them....otherwise its fair game