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To: mvpel
However, a 9.43 defense still needs justification under 9.41 or 9.42, if only property is involved.

9.41 only requires that the property being defended not be stolen and the of it ownership not be disputed. 9.42 allows the use of deadly force to defend property. 9.43 extends this to a third person's property. Where's the probem?

134 posted on 11/16/2007 7:10:28 PM PST by FreedomCalls (Texas: "We close at five.")
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To: FreedomCalls

9.42 requires a reasonable belief that there’s no alternative to deadly force to stop the escape. If cops had been descending on the scene for several minutes from every direction, I’d be a little hard pressed to say there was no alternative. He had a very solid description of one of the perps, and was an eyewitness to the break-in.


137 posted on 11/16/2007 7:14:41 PM PST by mvpel (Michael Pelletier)
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