
07-02-2008, 09:56 AM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,669
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Quote:
Originally Posted by DaemonSeid
The jury's decision set a dangerous precedent in that more of these shootings and court rulings will refer to this case and interprtations of it.
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Look at the Texas law and judge for yourself. Why is this not an affirmative defense to homicide?
Quote:
§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
is justified in using force or deadly force against another to
protect land or tangible, movable property of a third person if,
under the circumstances as he reasonably believes them to be, the
actor would be justified under Section 9.41 or 9.42 in using force
or deadly force to protect his own land or property and:
(1) the actor reasonably believes the unlawful
interference constitutes attempted or consummated theft of or
criminal mischief to the tangible, movable property; or
(2) the actor reasonably believes that:
(A) the third person has requested his protection
of the land or property;
(B) he has a legal duty to protect the third
person's land or property; or
(C) the third person whose land or property he
uses force or deadly force to protect is the actor's spouse, parent,
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or child, resides with the actor, or is under the actor's care.
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