I'd take it to jury if I were the prosecutor, under
9.42 (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.
A case of beer is too small a thing to kill a man over no matter what the legislature wrote. Let the defendant justify it to his peers, the jurors. They're also entitled to decide whether they want such a person living among them.
True story. When single, I had an apartment above my parents and my brother. I heard a noise in the middle of the night. Three guys were trying to steal my brother's car. They had smashed the ignition lock and started the engine but they had not yet managed to unlocked the steering wheel. I banged on the window and dialed 911. They saw me and they ran away. I had a gun and even under Illinois law I could have confronted them with it. I told my father that it never even crossed my mind. He said, "Good. We are not going to become murderers [he used the Greek word which is in the Fifth Commandment and can also be "killer"] over a car. It was a nice car. The last year of the Oldsmobile Cutlass Supreme Classic, still almost new.
I suspect the prosecutor wants a jury to decide whether a case of beer is worth a man's life, although I wonder if the gang part will come in. That might make a difference if there are gang problems in that area. It's still better for a jury to decide.
My first car was an Olds Cutlass Supreme Classic. It was blue with a white leather interior and a white top and an awesome engine. I wish I still had it.
As for me, I'm puny. I have a new cancer and my new treatments started last month and they're pretty tough to take. I think that's why I came here. I know how tough you are so you can snap me out of this and get me back on track.
I'm sorry to hear that, DRJ. Is it serious? What is it? What stage?
I don't know that I'm tough. I am achieving a level of transcendence. That I do know. I don't let pain make me suffer. I don't get flustered and if I'm unhappy it doesn't last. I surprised my wife last weekend by how happy I acted when I went to visit her and the kid.
Would you prefer to have this conversation by email? I'll make sure my new email (gmail) is visible on my profile. The hotmail account is not working.
9 Comments:
Click the speakers on Google Translate. It sounds better out loud.
Another Texas deadly force case: http://www.kristv.com/news/store-owner-charged-with-murder-337757/#_
It happened at night so Texas Penal Code 9.42 may apply. http://law.onecle.com/texas/penal/9.42.00.html
What do you think?
I'd take it to jury if I were the prosecutor, under
9.42 (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.
A case of beer is too small a thing to kill a man over no matter what the legislature wrote. Let the defendant justify it to his peers, the jurors. They're also entitled to decide whether they want such a person living among them.
And how are you, DRJ?
True story. When single, I had an apartment above my parents and my brother. I heard a noise in the middle of the night. Three guys were trying to steal my brother's car. They had smashed the ignition lock and started the engine but they had not yet managed to unlocked the steering wheel. I banged on the window and dialed 911. They saw me and they ran away. I had a gun and even under Illinois law I could have confronted them with it. I told my father that it never even crossed my mind. He said, "Good. We are not going to become murderers [he used the Greek word which is in the Fifth Commandment and can also be "killer"] over a car. It was a nice car. The last year of the Oldsmobile Cutlass Supreme Classic, still almost new.
I suspect the prosecutor wants a jury to decide whether a case of beer is worth a man's life, although I wonder if the gang part will come in. That might make a difference if there are gang problems in that area. It's still better for a jury to decide.
My first car was an Olds Cutlass Supreme Classic. It was blue with a white leather interior and a white top and an awesome engine. I wish I still had it.
As for me, I'm puny. I have a new cancer and my new treatments started last month and they're pretty tough to take. I think that's why I came here. I know how tough you are so you can snap me out of this and get me back on track.
I'm sorry to hear that, DRJ. Is it serious? What is it? What stage?
I don't know that I'm tough. I am achieving a level of transcendence. That I do know. I don't let pain make me suffer. I don't get flustered and if I'm unhappy it doesn't last. I surprised my wife last weekend by how happy I acted when I went to visit her and the kid.
Would you prefer to have this conversation by email? I'll make sure my new email (gmail) is visible on my profile. The hotmail account is not working.
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