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To: DH
After all, it’s robbery and Texas law states you can take any action, up to and including shooting them, to recover your stolen property in an active pursuit.

You kinda skipped the whole part in the Texas statute that requires a reasonable belief that deadly force is immediately necessary. (section 9.42(2))

Plus that part about a reasonable belief that the property cannot be recovered by any other means could prove problematical when dealing with fungible goods such as potatoes.

I would hate to have you as a client, as I doubt you are going to find a jury to agree that shooting someone for robbing a potato from you in the store is reasonable.

This has gone far afield from my original point, which was the legal definition of personal property.

69 posted on 11/26/2012 4:44:27 PM PST by ConservativeLawyer (Happy Thanksgiving!)
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To: ConservativeLawyer

You kinda skipped the whole part in the Texas statute that requires a reasonable belief that deadly force is immediately necessary. (section 9.42(2))


I am EXTREMELY cognizant of the Texas statutes pertaining to the use of deadly force.

You failed to address the part about the pursuit and means to stop the theft and pursuit of said criminal by use of deadly force to recover your “personal property” whether upon your own property or property you are charged to protect.

I won’t go on and on but our initial conflict was that the customer was ASSAULTED and the crime was that...not robbery.


70 posted on 11/27/2012 4:20:16 AM PST by DH (Once the tainted finger of government touches anything the rot begins)
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