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To: WL-law
The statute of defence of property is not under self defense. Texas law allows the defense of property even when the suspect is running away.

Read the statute.
84 posted on 01/27/2003 6:26:43 AM PST by Shooter 2.5
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To: Shooter 2.5
I did read the statute -- and I read your inserted comments. Here they are.

(1) if he would be justified in using force against the other under Section 9.41; and [See the other section]
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
[The guy was approaching with a hammer]
(bold added)

In your facts you are emphasizing the guy with the hammer. That sounds like the 'actor' is physically in fear of harm, i.e., a self-defense situation. And then the inquiry is, is the fear reasonable and the response necessary? And that is at the heart of traditional self-defense formulations -- hence my point.

86 posted on 01/27/2003 7:00:09 AM PST by WL-law
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