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Politics : Formerly About Advanced Micro Devices
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To: tejek who wrote (362567)12/13/2007 8:41:39 AM
From: Brumar89  Read Replies (1) of 1579825
 
A Houston Chronicle column from today's paper:

Over the past week, I've researched the Texas Penal Code and discovered some provisions that were surprising even to this fifth-generation Texan.

The law of our land seems to place more value on the property being stolen — even if it belongs to a neighbor — than on the life of the burglar stealing it.

A review of our state's protection-of-property statutes suggests that Horn's repeated declarations about not letting the burglars "get away with it" may be the words that ultimately set him free.

If Horn doesn't get indicted, don't blame the grand jury. And don't blame Harris County District Attorney Chuck Rosenthal. Blame the section of Chapter 9 of the Penal Code that deals with protection of property.

Justifiable homicide
Under the section, which has been in place at least since 1973, a person is justified in using deadly force to protect a neighbor's property from burglary if the person "reasonably believes" deadly force is immediately necessary to stop the burglars from escaping with the stolen property. It's also justified if the shooter "reasonably believes" that "the land or property cannot be protected or recovered by any other means."

chron.com
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