mikeb12 wrote:
dengyong wrote:
It is leagal in the state of Texas to protect ones property with deadly force after dark including killing the person if they are trying to get away is it not ?
if you shoot or kill a unarmed man or woman on your property outside of your house, then you're gonna spend time in court letting a jury decide your fate in TX. I already mentioned the case above.
do you really want to justify gunning down an unarmed man or woman in your front yard? is that what this is about, deng?
I understand your position, and cant say I disagree with it. But that doesn't mean you can gun unarmed people down in your yard because they steal a rake or shovel.
you need to think long and hard about the reality of what you're saying.
You seem to be far more worked up about this than myself.... we're haveing a simple discusion here.
If they were stealing from me yes... though I have a dog that stops all that.
If a person were hungry and asked me for food, I would feed them.
Back to Texas law.
"Deadly force" is authorized to protect property by 9.42 for the following offenses:
(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, aggravated robbery, or theft during the nighttime from escaping with the property;
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 or another to a substantial risk of death or serious bodily injury.
The first two paragraphs in 9.42 says deadly force can be used under the provisions of 9.41 if the crime is commited after dark.9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(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.
Deadly force is only justified when a person reasonably believes that it deadly force is immediately necessary to prevent another person from committing arson, burglary, robbery, aggravated robbery, and theft or criminal mischief during the nighttime.
_________________
thunderstruck wrote:
I am going to maintain my opinion regardless of what any fact-finding mission produces so it doesn't follow that I should waste any time in doing so.
George Orwell wrote:
Day by day and almost minute by minute the past was brought up to date. In this way every prediction made by the Party could be shown by documentary evidence to have been correct, nor was any item of news, or any expression of opinion, which conflicted with the needs of the moment, ever allowed to remain on record. All history was a palimpsest, scraped clean and reinscribed exactly as often as was necessary. In no case would it have been possible, once the deed was done, to prove that any falsification had taken place.