Hypothetical stray spouse question

[handog]

A buddy of mine and I were having a conversation about justifiable shootings the other day, he said that if

you walked in on your wife having relations with another man would you legally be justified in shooting the

other man. Is that true? Guns and cheating have been around a long time, there must be a case study.

[glbedd53]

I think you're supposed to shoot your wife, not the guy.

[alvins]

i dought it.unless he was raping her maybe you have a reason.

[RPB]

PENAL CODE

TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

SUBCHAPTER A. GENERAL PROVISIONS

http://www.statutes.legis.state.tx.us/d ... m/PE.9.htm" onclick="window.open(this.href);return false;

He'd need to add a "hypothetical section 9.xx" first.

[glbedd53]

I would be reluctant to shoot the guy unless you know that he knows she's married. Your wife on the other hand should know she is.

[RPB]

1,0000 % Pepper spray is good for that situation.

[Hoi Polloi]

I've heard this as well. This link says (without verification) that this was the case before 1972 for men (not for women) and that since then, the heat of passion aspect drops it from being first degree murder (which requires premeditation) down to lesser murder count or manslaughter.

Snopes.com Forums: Texas Wife Killing Law?

This article by a lawyer covers his version of the pre-1972 law, saying it was a valid justification for murder if a man killed his wife's lover, but unlike the Snopes article, he says Texas was unique in this law.

Frontier Justice Lingers On

This attorney says "heat of passion" such as the revelation of an affair is currently a defense to prosecution in 1st and 2nd degree murder in Florida.

Heat of Passion is a Recognized Defense to the Charge of Murder in Florida

I found several other similar examples from other states saying that heat of passion is an acceptable mitigating circumstance, often lowering the culpability to lesser forms of murder. It appears the pre-1972 Texas difference is that it apparently wasn't a defense to prosecution but was a legal justification.

[Hoosier Daddy]

i dought it.unless he was raping her maybe you have a reason.

If you shot him in the act, you could say you thought he was a rapist. It would be an interesting defense strategy.

[helicopterpilotdoug]

I think you're supposed to shoot your wife, not the guy.

If she's having sex with another man, neither are worth doing time for. Shoot them both with a camera or your cell phone! That way you have pictures for the divorce! I'd find myself another wife, because that one is not worth having! That being said, if she's being rapped, it's a completely different story. I'd shoot the #$$ #@!% (expletives deleted) in the..... (Use your imagination here)... I don't think there is a jury in the land that would convict a guy for that!

[surprise_i'm_armed]

Instead of a hypothetical, let me tell y'all about a true life case involving this
sort of situation and the odd twists that occurred.

IIRC, this happened in Grand Prairie/Arlington, Texas somewhere around there,
maybe 2-3 years ago.

Husband goes to Dallas to gamble. Wife texts or calls her boyfriend to come over
to her house. The kids are in bed, while Mom and the bf are in his Chevy pickup truck,
parked in front of the house. It's the dark of night of course

Husband repeatedly calls the house. Wife never picks up. Finally one of the children
answers the phone and says the mother's not in the house.

Dad races home from Dallas to his house, sees his wife and the man in the truck.

The wife jumps out of the truck and yells to her husband that the man in the truck
has attacked her against her will.

Husband draws his handgun and fires at the man as he tries to drive away. The
boyfriend is killed by the husband's shots.

Here's the odd twist that things took in court: the husband was not brought up on
charges. But the wife was. Since she had lied to her husband that the man was an
attacker, instead of her boyfriend, the husband shot the bf based on a lie.

The wife was then arrested on some kind of charges that her lie had caused her husband
to shoot.

What the news never covered was whether the husband did, in fact, know that the bf
was a neighbor and his wife's paramour. Did the husband go free based on the charges
against his wife? Did or did not the husband know the real story, but shot the bf anyway?

Anyone who might be able to source the full story, please post the link.

SIA

[The Annoyed Man]

A buddy of mine and I were having a conversation about justifiable shootings the other day, he said that if

you walked in on your wife having relations with another man would you legally be justified in shooting the

other man. Is that true? Guns and cheating have been around a long time, there must be a case study.

Is it rape? Then yes, shooting is justified. If not, then leaving and never coming back is justified, but not before taking pictures to show your lawyer and the judge....before you squeeze her in court for all you can.

But that's for other people, because personally, there is nothing my wife could do that I could not forgive her for. I signed on for life. If there are problems, then I have to do my part to try and solve them......and forgive what I can't forget and ask for forgiveness for what I can't take back, just like I would hope she would do if the shoe were on the other foot. See my signature line.

[steveincowtown]

Here you go...

http://www.chron.com/disp/story.mpl/front/4675987.html" onclick="window.open(this.href);return false;

"ARLINGTON, Texas — Darrell Roberson came home from a card game late one night to find his wife rolling around with another man in a pickup in the driveway..."

[Beiruty]

Honor Killing, Texas version?

[Beiruty]

Here you go...

http://www.chron.com/disp/story.mpl/front/4675987.html" onclick="window.open(this.href);return false;

"ARLINGTON, Texas — Darrell Roberson came home from a card game late one night to find his wife rolling around with another man in a pickup in the driveway..."

She was convicted too, and was sentenced for 5 yrs: http://www.star-telegram.com/2008/05/05 ... -gets.html" onclick="window.open(this.href);return false;

[Running Arrow Bill]

Neither one is worth doing hard time for... I'd just (at gunpoint) tell the guy to get lost (in the nude, of course) and call the LEO's about a tresspasser running around naked...LOL! (Just joking...).

Bottomline...I don't need to get into a fight of any kind... Take cell phone photo for future reference...LOL.