Texas PENAL CODE

On Jul 9, 4:25=A0pm, "Raymond O'Hara" <raymond-oh...@[EMAIL PROTECTED]
> wrote:

>
> it wasn't his property.

It doesn't matter in Texas.   See below.

Here is the Texas law in all its "glory."  Thanks to Nigel Brooks for
the link.

---------------------------------------------

PENAL CODE

CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

SUBCHAPTER A. GENERAL PROVISIONS

[...]

=A7 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 [ <<--- IM****TANT "and" ]

(2)  when and to the degree he reasonably believes the
deadly force is immediately necessary:

[...]

     (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.

----------------------------

The following section makes clear that this applies whether it's your
property or a third party's.

It's unbelievable to see in the 21st century a state in the West with
a code that allows the homicide of a fleeing burglar.

Note that although the property could be recovered by other means (3-
A), i.e. the police, because trying to snatch the property being
stolen might be risky you can use deadly force (3-B).

It's more than murder excused, it's murder dignified.

I'll be very happy to see the people of Texas and similar places
ceasing to be the reptilian brain of America, and join the country=92s
cerebral cortex to the north and down the coasts.