DIYbanter - View Single Post - Prospects of selling a house next door to a "reformed" spree killer?

HeyBub[_3_]

richard wrote:
On 20 Jun 2008 14:50:34 -0400, (tjab) wrote:

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.

Thanks for bringing that up. Most states allow a person to defend HIS
own home from intruders. Not be the watchdog and act under the color
of the law for others. Having called 911 is where his authority ends.
Crossing the street with a loaded shotgun, putting others in danger,
is where he crossed the line.

Shooting in the back is murder. Even if he did fire a warning shot.

No. Shooting someone in the back because he stole from another may be
frowned upon in Delaware, but not here.

The Texas Penal Code goes on in Section 9.43 PROTECTION OF THIRD PERSON'S
PROPERTY with the same requirements and options for protection as for one's
own property. Specifically, deadly force is not disallowed to prevent the
commission of a burglary, arson, robbery, theft during the nighttime or
criminal mischief during the nighttime or to prevent the escape of someone
who has just committed such an act.

What's a "warning shot"?