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To: OldDeckHand
"We are a nation of laws..."

Kansas Statutes Amended:

Chapter 21: Crimes And Punishments
PART I.--GENERAL PROVISIONS
Article 32: Principles Of Criminal Liability

Statute 21-3211: Use of force in defense of a person; no duty to retreat.

(a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such force is necessary to defend such person or a third person against such other's imminent use of unlawful force.

(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.

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A well crafted defense would establish that Roeder believed that abortions cause death or great bodily harm to a third person, after which the definition of "imminent" will be put to the test. IMHO, if Tiller had an abortion appointment scheduled for the following day, I'd call that imminent. You're right. We are a nation of laws...it will be interesting to see how this one is applied.

36 posted on 01/28/2010 12:36:43 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: Joe 6-pack

i love it when intelligent people show up.


53 posted on 01/28/2010 12:45:38 PM PST by the invisib1e hand (governance is not sovereignty [paraphrasing Bishop Fulton Sheen].)
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To: Joe 6-pack

They were talking about that earlier on Foxnews with Judge Napalitano. He basically said that if he had killed him while he was preforming an abortion he’d have been in a better place using this law than he was by following him to church to do it.


344 posted on 01/28/2010 6:13:15 PM PST by chris_bdba
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