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"Oh, I'm all in favor of protecting your property at night using deadly force. I just don't think that the criminal committing the act, if convicted, should face the death penalty as a possible result."

You see nothing inconsistent about that? IMHO, if you feel that toilet papering is not a capital crime, then it should not (in and of itself) be legitimate grounds for the application of deadly force.

I don't "feel" that toilet papering a house isn't a capital crime - IT ISN'T ONE. My point is that many times we here in Texas ARE allowed to use deadly force in instances that constitute way less than capital crimes. If that's the exception you're referring to, then we agree.

The development of a justified use of deadly force at night to defend against criminal mischief is interesting and has its roots way back in the early days of Texas' development, but I think it's still a valid law. We don't know whether those trespassing and damaging property don't have a more malevolent intent, and waiting to find out could be deadly.