Joe Horn

[Drolefille]

Originally Posted by Kevin

I'd like to direct your attention to the "or" following (A).

Anything under B is unnecessary if A is met. The converse is also true.

Also, from a practical standpoint, try picking a jury that's not going to hang on this case

No charges will be filed.

The real question is, is it "burglary", "robbery", or "theft in the nighttime" OR "burglary", "robbery", or "theft" in the nighttime.

[Kevin]

Originally Posted by Drolefille

The real question is, is it "burglary", "robbery", or "theft in the nighttime" OR "burglary", "robbery", or "theft" in the nighttime.

Since it lists criminal mischief during the nighttime as well as theft during the nighttime as two separate things, I don't see "during the nighttime" applying to the rest of the passage. If your proposed construction were true, the first "during the nighttime" would be redundant.

I'll bet if you go to the Texas Penal Code, you'll find that those two things are distinct crimes.

[Drolefille]

Originally Posted by Kevin

Since it lists criminal mischief during the nighttime as well as theft during the nighttime as two separate things, I don't see "during the nighttime" applying to the rest of the passage. If your proposed construction were true, the first "during the nighttime" would be redundant.

I'll bet if you go to the Texas Penal Code, you'll find that those two things are distinct crimes.

Quite possibly, but I'm not that bored today I have to read enough laws and codes at work.

I'm still not convinced though. Particularly since his story does NOT mesh with the 911 call, and he (or his attorney) doesn't claim to be defending his neighbor's property but his own.