Hypothetical stray spouse question

[Oldgringo]

Is this a small world or what? drjoker and Hoi Polloi resurface on the same thread.

Welcome back. Have y'all been out gettin' your CH licenses or what?

[srothstein]

Well, just to throw in another interesting point of view for you, I thought I would mention how the police (well my academy class) are taught about this. This is generally used to show the example of heat of passion and how that changes the charge from murder to manslaughter (1st degree to 2nd degree felony). It is generally accepted that catching them in the act will provoke a person enough for some response.

But, if the husband shoots just one (and it doesn't matter which one) then it brings into question if there was really provocation. If he had enough control to shoot just one, was he really caught up in the heat of passion? That ability to make a decision indicates enough control to bring the heat of passion into doubt.

And just as an added point, the law does not apply anymore, but there are several places in Texas where the jury would find a person not guilty in this type of case. Probably not in any major county, but deep East or West Texas juries may still have some old fashioned notions about things.

[flintknapper]

"srothstein" wrote:

But, if the husband shoots just one (and it doesn't matter which one) then it brings into question if there was really provocation. If he had enough control to shoot just one, was he really caught up in the heat of passion? That ability to make a decision indicates enough control to bring the heat of passion into doubt.

Then again...he might of been a "bad shot". With enough time (and bullets) he might be able to seal the deal.

And just as an added point, the law does not apply anymore, but there are several places in Texas where the jury would find a person not guilty in this type of case. Probably not in any major county, but deep East or West Texas juries may still have some old fashioned notions about things.

"He/She needed killin'...." is still a valid defense in some parts of the State. Not literally of course, but as pertains to a jury.

[jimlongley]

"srothstein" wrote:

But, if the husband shoots just one (and it doesn't matter which one) then it brings into question if there was really provocation. If he had enough control to shoot just one, was he really caught up in the heat of passion? That ability to make a decision indicates enough control to bring the heat of passion into doubt.

Then again...he might of been a "bad shot". With enough time (and bullets) he might be able to seal the deal.

Or maybe the gun jammed after the first shot?

[Ameer]

"srothstein" wrote:

But, if the husband shoots just one (and it doesn't matter which one) then it brings into question if there was really provocation. If he had enough control to shoot just one, was he really caught up in the heat of passion? That ability to make a decision indicates enough control to bring the heat of passion into doubt.

Then again...he might of been a "bad shot". With enough time (and bullets) he might be able to seal the deal.

http://bostonherald.com/news/regional/v ... id=1326748" onclick="window.open(this.href);return false;

[Ol Zeke]

I thought, from the title of this thread "..... stray spouse ...." that the OP had found one and was looking for the rightful owner .......

Just checking ... I mean, she's been gone over 20 years ..... I was just gonna tell him to KEEP HER!

[Texas Size 11]

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

This same situation happened in Florida when I lived there. It was a firefighter who returned home to find the same scenario and his wife yelled rape, so he grabbed a gun and shot the guy. The man in question lived and the wife went to jail when it all came out about the affair and she falsely claimed rape to cover herself (which in turn got the guy shot).

My guess is this is a somewhat common occurrence.

[Running Arrow Bill]

If it's a mutual agreement between the parties without any obvious violence (beatings, knifing, etc.), then deal with your divorce attorney.

If it's ACTUALLY a violent encounter and wife is experiencing serious injuries...then, it is "probably" rape...

Always prudent to cover yourself when dealing with possible deadly force... JMO

[03Lightningrocks]

Jealousy is for the insecure! Thank him for letting you know she is not to be trusted, take a quick picture or two for court and leave with the family pet.

I have also heard the same yarn about blasting your wife or her boyfriend if caught in the act. Like so many other ridiculous what ifs I see on internet gun forums, just because you can legally, is not a reason to try out your new gun.

Secondly, to those that say "what if you think it is a rape?". You won't "think" it is a rape. I truly worry about the dating practices of any person who can't tell the difference in rape and consenting.


MY 2 cents worth!

[Oldgringo]

Jealousy is for the insecure! Thank him for letting you know she is not to be trusted, take a quick picture or two for court and leave with the family pet.

I have also heard the same yarn about blasting your wife or her boyfriend if caught in the act. Like so many other ridiculous what ifs I see on internet gun forums, just because you can legally, is not a reason to try out your new gun.

Secondly, to those that say "what if you think it is a rape?". You won't "think" it is a rape. I truly worry about the dating practices of any person who can't tell the difference in rape and consenting.


MY 2 cents worth!

No no, Nannette! That advice is worth at least $1.89.

[03Lightningrocks]

OK... then I am going to send out an invoice.

[Shoot Straight]

discovered in coitus with another tail less biped.

What about quadrupeds?

That's a different kind of stray.

[RPB]

Well I made it 3 pages without posting in this thread but 1 time.
All I'll say is

1) A guy can get dressed and run out of a house and down the street pretty fast if you are holding one of the big Pepper Spray canisters, and even as drunk as he may be it's still a fun memory years later of a guy begging not to be sprayed. (I got rid of the "large" pepper spray when the statute became that only "small ones were legal)

2) I had my Glock 19 on me, but it was more fun not to display it and was no reason to.

3) I traded in the "hypothetical spouse" for a better deal.

4) Karma works, I'm better off, she isn't ... she married a guy who ran off ... actually a couple guys last I heard..

[rm9792]

Jealousy is for the insecure! Thank him for letting you know she is not to be trusted, take a quick picture or two for court and leave with the family pet.

I have also heard the same yarn about blasting your wife or her boyfriend if caught in the act. Like so many other ridiculous what ifs I see on internet gun forums, just because you can legally, is not a reason to try out your new gun.

Secondly, to those that say "what if you think it is a rape?". You won't "think" it is a rape. I truly worry about the dating practices of any person who can't tell the difference in rape and consenting.


MY 2 cents worth!

A lot of women like playing games and roughness so yes it might be difficult to tell.

[03Lightningrocks]

Jealousy is for the insecure! Thank him for letting you know she is not to be trusted, take a quick picture or two for court and leave with the family pet.

I have also heard the same yarn about blasting your wife or her boyfriend if caught in the act. Like so many other ridiculous what ifs I see on internet gun forums, just because you can legally, is not a reason to try out your new gun.

Secondly, to those that say "what if you think it is a rape?". You won't "think" it is a rape. I truly worry about the dating practices of any person who can't tell the difference in rape and consenting.


MY 2 cents worth!

A lot of women like playing games and roughness so yes it might be difficult to tell.

You are incorrect my friend. A LOT of women DO NOT like playing rough games that simulate a rape!!! It scares me that there are guys who THINK A LOT of women like playing "rough games". A few here or there may like doing strange things like this and I would imagine a feller would know if his girl likes doing this. He would then have to assume she is just "PLAYING ROUGH GAMES" with a diferent guy. Same applies... he would know she is not being raped!