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- Xref: sparky talk.abortion:34642 misc.legal:16861
- Path: sparky!uunet!optilink!cramer
- From: cramer@optilink.UUCP (Clayton Cramer)
- Newsgroups: talk.abortion,misc.legal
- Subject: Re: Killing in defense of possessions?
- Message-ID: <12097@optilink.UUCP>
- Date: 2 Sep 92 18:48:20 GMT
- References: <1992Aug27.012112.2026@ncsu.edu> <24187@oasys.dt.navy.mil> <fbyegh9@Unify.Com>
- Organization: Optilink Corporation, Petaluma, CA
- Lines: 35
-
- In article <fbyegh9@Unify.Com>, sean@Unify.com (Sean P. Curley) writes:
- > In article <1992Aug31.124138.2184@brandonu.ca>, mcbeanb@brandonu.ca writes:
- > > Well I don't know, but I've been told: in Texas you can shoot a guy
- > > walking down the street if he came from your house and you think he
- > > might have taken something.
- > >
- > > possibly naive Brian McBean
- >
- > I have it on good authority that it is illegal in California to kill
- > an intruder unless [s]he is threatening your life. So, if they have
- > your valuables are walking away from you, it is illegal to shoot them.
- >
- > Sean P. Curley (sean@Unify.Com) Unify Corporation
-
- There is a presumption under California law (PC 198.5) that a person
- who forces entry into your home intends you great bodily harm.
- You may thus use deadly force to protect yourself from that intruder.
- The burden of proof is on the prosecution to prove that you KNEW
- that the intruder didn't intend you great bodily harm -- which means
- the average burglar breaking into an occupied dwelling is likely to
- get shot.
-
- A person fleeing with your valuables is another case. While the
- statute is quite clear that deadly force may be used to stop a
- fleeing felon, the courts have somewhat limited this to "atrocious
- felonies" (not defined) and more recently, crimes which were
- felonies at common law (including burglary). I still wouldn't
- advise it, though.
-
-
-
- --
- Clayton E. Cramer {uunet,pyramid}!optilink!cramer My opinions, all mine!
- Alcohol prohibition didn't work; drug prohibition doesn't work; gun
- prohibition won't work.
-