Thread: Joe Horn
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Old 12-05-2007, 04:25 PM
Kevin Kevin is offline
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Join Date: Feb 2002
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I read the statute wrong. 9.43 -- see the "and" after the first paragraph, and note that the rest of the elements are "or" sorts of elements. So you only need one of these:


(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.

-- I think the bolded one works. It all does come to a question as to whether his belief that deadly force was immediately necessary... but we're dealing with Texas here folks

Criminal mischief in the night....
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