Jim Yanik wrote:
wrote in
:
Texas Penal Code 9.42 DEADLY FORCE TO PROTECT PROPERTY
What does this have to do with someone toilet papering a house?
CRIMINAL MISCHIEF DURING THE NIGHTTIME (emphasis added);
Shooting someone toilet papering is not protected. It's murder or
attempted murder.
"murder" is the WRONGFUL killing of a person.
That implies there are RIGHTFUL killings of a person.
Well, yes there are. In my state (Texas), there are two:
JUSTIFIABLE HOMICIDE
* Execution of prisoner under a lawful warrant
* Killing of an enemy in time of war
* Self defense or defense of another against several offenses
* Criminal mischief during the nighttime
* "Yer honor, he needed killin'"
EXCUSABLE HOMICIDE
* Act of God or mistake with no showing of negligence or malice,
while engaged in a lawful act
Consider a man dressed as a deer in the forest:
1. If the "deer" shoots at you first and you kill him = Justifiable homicide
2. If you think its a real deer and shoot = Excusable homicide