From: drieux@wetware.com (drieux, just drieux)
Subject: So did DearOldDoug Apologize Yet????
Followup-To: talk.abortion 
Organization: Castle WetWare Philosopher and Sniper
Date: Wed, 2 Sep 1992 13:33:19 GMT


Thanks Mike for the legal Beagling....

It will be interesting to see if DearOldDoug will
still continue ranting, or whether he has concluded
that Texas is Not a Part of his Happy World...

ciao
drieux

ps: followup redirected back to t.a...

pps: and again, thanks for the statutes...

mnemonic@eff.org (Mike Godwin) writes:

] In article <1992Aug31.124138.2184@brandonu.ca> mcbeanb@brandonu.ca writes:
] 
] >Well I don't know, but I've been told: in Texas you can shoot a guy
] >walking down the street if he came from your house and you think he
] >might have taken something.
] 
] Texas law is hardly so cavalier about this issue. The use of deadly
] force in protection of your property is dealt with in Secs. 9.41 and 9.42
] of the Texas Penal Code. In order to legally use deadly force in the
] situation you describe here, the following conditions must be met:
] 
] From Sec. 9.41 (which governs the use of force generally to protect
] property):
] 
] - You must "reasonably believe" that force is "immediately necessary" to
]   recover the property and you have to have used the force "immediately
]   or in fresh pursuit after the dispossession" and
] 
] - You must "reasonably believe" the other person had no claim of right
]   when he dispossessed you of the property, *or* the other person must
]   have accomplished the dispossession by using force, threat, or fraud
]   against you.
] 
] From Sec. 9.42 (which governs the use of deadly force to protect
] property):
] 
] - You must meet the requirements of Sec. 9.41 (listed above), and
] 
] - You must reasonably believe *either* that you are preventing the other
]   person's imminent commission of arson, burglary, robbery, aggravated
]   robbery, theft during the nighttime, or criminal mischief during the
]   nighttime *or* that you are preventing the person from fleeing 
]   and escaping with the property immediately after he committed burglary,
]   robbery, aggravated robbery, or theft during the nighttime, and
] 
] - You must reasonably believe that the property cannot be protected or
]   recovered by any other means, *or* that the use of force other than
]   deadly force to protect or recover the property would expose you or
]   another to a substantial risk of death or serious bodily injury.
]   
] 
] As you can see, this law doesn't create a defense for you if you decide
] to shoot someone who's walking away from your house and "might" have
] taken something. Use of force has its legal limits, and use of deadly force
] has very strict limitations.
] 
] 
] --Mike
] 
] 
] 
] -- 
] Mike Godwin,    |"The meeting of two personalities is like the contact 
] mnemonic@eff.org| of two chemical substances: if there is any reaction, 
] (617) 864-0665  | both are transformed."
] EFF, Cambridge  |                           --Carl Jung 


-- 
If I have Told You Once, I've Told You a Thousand Times:
To Keep Good Girls From Going Bad,
Put them back in the Refrigerator.
This Also Works for Stale NFS Handles.
Newsgroups: talk.abortion