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tjab tjab is offline
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Default Prospects of selling a house next door to a "reformed" spree killer?

In article ,
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.


Fulfilling 2B isn't enough under the law. And unless the theft happened
at night (the part you edited out - why?), even 2B wasn't fulfilled.

You also edited out that 2B is only part of the requirement before deadly
force can be used. 9.42 additionally rquires that he be justified in
using force under 9.41, which makes it clear that the justification
only applies to defending one's own property.

You are posting some seriously flawed legal advice on a very serious matter.
I hope no one relies on it to their detriment.