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by srothstein
Thu Jul 02, 2009 12:22 am
Forum: General Texas CHL Discussion
Topic: Would it have been justified?
Replies: 77
Views: 10464

Re: Would it have been justified?

One important clarification: breaking into a vehicle with the intent to commit a theft is not "burglary" (PC 30.02) but "burglary of a vehicle" (PC 30.04). In the chapter listing the crimes for which deadly force can be used, I believe the courts would say they are referring just to the actual crime of burglary under PC 30.02 and not the whole cahpter on burglary or all types of burglaries. My logic for this is the reference following it where they list both robbery and aggravated robbery. These are two sections of the same chapter, much as burglary and burglary of a vehicle are. If they list specific sections for that chapter, I must conclude they were referring to specific sections in each chapter.

I must say that I agree with the OP on his conclusion and actions. He would not have been legally justified in shooting though he was justified in pulling his weapon and aiming it. If the suspect had charged at him instead of running, he MIGHT have been justified in shooting then. And his moral compass on killing over property was just right, IMO, and guided him properly in this case.

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