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To: Tennessean4Bush
Hmmm. That sounds pretty ridiculous

There is a Link to the law and it does say that, also says you need approval of the home owner to protect their property. Mr Horn said he didn't know his neighbors.

28 posted on 11/17/2007 8:33:34 AM PST by org.whodat (What's the difference between a Democrat and a republican????)
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To: org.whodat
There is a Link to the law and it does say that

No, it does not. see my post #68.

also says you need approval of the home owner to protect their propertyalso says you need approval of the home owner to protect their property

It doesn't say that either! You are zero for two today. There's a large "or" in that statute which allows you to defend the property if the neighbor gives approval, but because it's an "or" not an "and" you don't need their approval. Discussed here.

70 posted on 11/17/2007 12:04:03 PM PST by FreedomCalls (Texas: "We close at five.")
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To: org.whodat
There is a Link to the law and it does say that, also says you need approval of the home owner to protect their property. Mr Horn said he didn't know his neighbors.

No it doesn't. Only theft and criminal mischief must be "during the nighttime. (Because during the nighttime the threat to oneself is much higher, and the fine distinction between theft and burglary or robbery may be more difficult to discern.) The "during the nighttime" business isn't just something Texas invented, its in the Bible, albeit in a little different form. The "approval of owner" clause it "OR"ed with other clauses, the first of which seems to cover this case. Of course if the perps rushed the guy, or the situation was such that a reasonable person would feel threatened, then the defense of property thing is out the window anyway, and it's then self defense.

The fact that he "went in harm's way", into his own front yard, is of no consequence as far as the law, rather than prudence, is concerned. HE was not where he should not have been, the now departed perps were.

127 posted on 11/18/2007 2:13:39 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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