Text 31908, 98 rader
Skriven 2009-04-30 12:13:50 av Roy Witt (1:397/22)
  Kommentar till text 31889 av JOE NICHOLSON (1:123/140)
Ärende: Why guns rights
=======================
29 Apr 09 17:53, JOE NICHOLSON wrote to ROY WITT:

 JN>  Roy Witt wrote Joe Delahaye:

 >>> I wouldnt say that killing people as they are running away,

 >> If they're still armed, running away doesn't let them off the hook.

 JN>  Roy, does the Lone Star State have anything like this?

Sec. 9.02.  JUSTIFICATION AS A DEFENSE.  It is a defense to prosecution
that the conduct in question is justified under this chapter.

Sec. 9.04.  THREATS AS JUSTIFIABLE FORCE.  The threat of force is
justified when the use of force is justified by this chapter. For purposes
of this section, a threat to cause death or serious bodily injury by the
production of a weapon or otherwise, as long as the actor's purpose is
limited to creating an apprehension that he will use deadly force if
necessary, does not constitute the use of deadly force.

Sec. 9.31.  SELF-DEFENSE.  (a)  Except as provided in Subsection (b), a
person is justified in using force against another when and to the degree
the actor reasonably believes the force is immediately necessary to
protect the actor against the other's use or attempted use of unlawful
force.  The actor's belief that the force was immediately necessary as
described by this subsection is presumed to be reasonable if the actor:

(1)  knew or had reason to believe that the person against whom the force
was used:

(A)  unlawfully and with force entered, or was attempting to enter
unlawfully and with force, the actor's occupied habitation, vehicle, or
place of business or employment;

(B)  unlawfully and with force removed, or was attempting to remove
unlawfully and with force, the actor from the actor's habitation, vehicle,
or place of business or employment; or

(C)  was committing or attempting to commit aggravated kidnapping, murder,
sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2)  did not provoke the person against whom the force was used; and

(3)  was not otherwise engaged in criminal activity, other than a Class C
misdemeanor that is a violation of a law or ordinance regulating traffic
at the time the force was used.

(b)  The use of force against another is not justified:

(1)  in response to verbal provocation alone;

(2)  to resist an arrest or search that the actor knows is being made by a
peace officer, or by a person acting in a peace officer's presence and at
his direction, even though the arrest or search is unlawful, unless the
resistance is justified under Subsection (c);


Yes...


 JN> 197.  Homicide is justifiable when committed by any person in any
 JN> of the following cases:
 JN>    1. When resisting any attempt to murder any person, or to commit
 JN> a felony, or to do some great bodily injury upon any person; or,
 JN>    2. When committed in defense of habitation, property, or person,
 JN> against one who manifestly intends or endeavors, by violence or
 JN> surprise, to commit a felony, or against one who manifestly intends
 JN> and endeavors, in a violent, riotous or tumultuous manner, to enter
 JN> the habitation of another for the purpose of offering violence to any
 JN> person therein; or,
 JN>    3. When committed in the lawful defense of such person, or of a
 JN> wife or husband, parent, child, master, mistress, or servant of such
 JN> person, when there is reasonable ground to apprehend a design to
 JN> commit a felony or to do some great bodily injury, and imminent
 JN> danger of such design being accomplished; but such person, or the
 JN> person in whose behalf the defense was made, if he was the assailant
 JN> or engaged in mutual combat, must really and in good faith have
 JN> endeavored to decline any further struggle before the homicide was
 JN> committed; or,
 JN>    4. When necessarily committed in attempting, by lawful ways and
 JN> means, to apprehend any person for any felony committed, or in
 JN> lawfully suppressing any riot, or in lawfully keeping and preserving
 JN> the peace.
 JN> ___ Blue Wave/QWK v2.12
 JN> --- Platinum Xpress/Win/WINServer v3.0pr5
 JN>  * Origin: Doc's Place BBS Fido Since 1991 docsplace.tzo.com
 JN> (1:123/140)

"The probability of one man being right increases in direct proportion to
the intensity with which others are trying to prove him wrong."

                R\%/itt




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