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To: winodog
That's why I said that this is Texas and not Maryland.

Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:
~ ~ (1) if he would be justified in using force against the other under Section 9.41; and
~ ~ (2) when and to the degree he reasonably believes the deadly force is immediately necessary:
~ ~ ~ (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
~ ~ ~ (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
~ ~ (3) he reasonably believes that:
~ ~ ~ (A) the land or property cannot be protected or recovered by any other means; or
~ ~ ~ (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

http://www.bakers-legal-pages.com/pc/0942.htm

I don't see anything in there about having to run away from your attackers or not being able to shoot them in the back if they are leaving.

He had no other way to get his car back other than to nail them. The old boy needed to keep them from fleeing and he did so in a most reasonable manner.

Sissy run away from your attackers instead of nailing the suckers laws may be the norm in Maryland, but they are not the law in Texas.
52 posted on 05/27/2006 9:14:27 AM PDT by Ninian Dryhope ("Bush lied, people dyed. Their fingers." The inestimable Mark Steyn)
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To: Ninian Dryhope

Easy, cowboy. I heard you the first time.
First of all I was replying to #41 which was replying to me. And second I dont live in Maryland.

Oh yeah most of us dont live in Texas and we might be facing murder charges if we shot these two in the back when they were leaving. Therefore it is important to point that out to make sure anyone who is armed is well aware of who they can shoot in the back and who they cannot shoot in the back.

One more thing, I agree that he should be able to shoot them and they should be buried and not breathing now. I just know lawyers and if they can make a buck or get their name on the front page to advance their political career they would take this to the supreme court.


53 posted on 05/27/2006 12:58:06 PM PDT by winodog (Its the constitution, dummy.)
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