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HeyBub[_3_] HeyBub[_3_] is offline
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Default Prospects of selling a house next door to a "reformed" spree killer?

richard wrote:

What does the 'code of the west' say about shooting two men in the
back?



Even more so, unarmed.
Even the wild west law saw that as murder.


I see you're posting moved through the servers at the University of
Maryland - hardly a repository of "code of the west" knowledge.
Nevertheless, assuming you are trying to increase your store of wild west
lore, let me disabuse you of what you hope to be the case:

Here's one example:

"Texas Penal Code 9.42 DEADLY FORCE TO PROTECT PROPERTY"

"A person is justified in using deadly force against another to protect land
or tangible, moveable property:
(2) when and to the degree he reasonably believes the deadly force is
immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary,
robbery, aggravated robbery, theft during the nighttime, or criminal
mischief during the nighttime, or
(B) to prevent the other who is fleeing immediately after committing
burglary, robbery..., and
(3) he reasonably believes that
(A) the land or property cannot be protected or recovered by any other
means, or
(B) the use of force other than deadly force to protect or recover the
land or property would expose the actor to... risk of death or serious
bodily injury."

In the Joe Horn case, the two goblins had just committed a burglary and were
fleeing, thereby fulfilling (2)(B) above. Joe is in his 60's and the two
squints were young, strapping males. Even if Joe could catch them in a foot
race, and even if they were unarmed (the weren't - they had pry-bars and
other burglar tools) the chance of death or serious bodily injury is a
reasonable expectation, thereby meeting the requirements of (3)(B).

So, Joe simply sicced old double-barreled Betsy on their asses.

I'm sure Joe didn't have a Texas Penal Code checklist on hand so he could
mark off the nuanced requirements of the law.

He simply saw his duty and he did it.