Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Jonty30
I am saying that you cannot kill somebody who is incapacitated and you cannot shoot them in the back either.

In Texas you can.

Before you attempt to argue read the following:

This text is from the 1999 Texas Penal Code. For a more current version of this provision see the FastLaws Texas Penal Code . 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.

Mash here.

294 posted on 05/29/2011 7:00:50 PM PDT by Eaker (The problem with the internet, you're never sure of the accuracy of the quotes. Abraham Lincoln '65)
[ Post Reply | Private Reply | To 23 | View Replies ]


To: Eaker

Doesn’t say anything about being incapacitated.


296 posted on 05/29/2011 7:06:47 PM PDT by Jonty30
[ Post Reply | Private Reply | To 294 | View Replies ]

To: Eaker
In Texas you can.

Had the incident involving the pharmacist and thug happened here in Texas rather than Oklahoma, what do you think the verdict would have been?

297 posted on 05/29/2011 7:15:54 PM PDT by re_nortex (DP...that's what I like about Texas.)
[ Post Reply | Private Reply | To 294 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson