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To: sinkspur
Your knowledge of the general law of most states is not correct. In most states, one may not defend property with deadly force, only oneself or another from serious imminent bodily injury or death. Additionally, for self-defense to apply, both subjective and objective tests are applied. The defendant must have honestly believed his life was in imminent danger and objectively his life must have been in fact in imminent danger.
72 posted on 06/13/2003 3:57:09 PM PDT by stryker
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To: stryker
In most states

Texas and Louisiana (the latter being where this took place) being two of the most notable exceptions.

75 posted on 06/13/2003 3:58:46 PM PDT by Poohbah (I must be all here, because I'm not all there!)
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To: stryker
Your knowledge of the general law of most states is not correct. In most states, one may not defend property with deadly force, only oneself or another from serious imminent bodily injury or death.

I never claimed to speak for "most states." I know Texas and Louisiana, law, however, especially as it applies to deadly force, since I've carried a handgun for eight years. And, in both of those states, at night, one is permitted to use lethal force to defend one's property. And that lethal force can be used off of one's homestead, i.e., the street in front of one's home.

Additionally, for self-defense to apply, both subjective and objective tests are applied. The defendant must have honestly believed his life was in imminent danger and objectively his life must have been in fact in imminent danger.

This is open to interpretation, isn't it? That's why we have grand juries.

Five years ago, on a busy Dallas street, a van sideswiped a vehicle, tearing off the side mirror. The vehicle owner, a very large man, came back to the van owner and began pummeling him with his fists. The van owner reached under his seat, pulled out a .45 and shot the man in the face.

When's the last time you heard of someone dying from blows from fists?

Didn't matter. The Dallas county grand jury no-billed the shooter.

Texas ain't California, that's for sure.

80 posted on 06/13/2003 4:07:10 PM PDT by sinkspur
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