Prospects of selling a house next door to a "reformed" spree killer?
Larry wrote
Rod Speed wrote
richard wrote
HeyBub wrote
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.
All true, except for a couple of things.
Joe Horn failed to comply with a directive from the police department. "Do not go outside."
The cops dont get to issue any such 'directive'
In some jurisdictions they do.
Not in that situation they dont, liar.
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