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by Jungle Work
Tue Sep 01, 2009 2:41 pm
Forum: General Texas CHL Discussion
Topic: WHEW! Weird experience on Saturday at HEB
Replies: 78
Views: 9779

Re: WHEW! Weird experience on Saturday at HEB

I believe a good case could be made before a Grand Jury tha the Bum was committing robbery and that by taking hold of the cart was the use of force.

Sec. 31.03.  THEFT.  (a)  A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.
(b)  Appropriation of property is unlawful if:
(1)  it is without the owner's effective consent;
(2)  the property is stolen and the actor appropriates the property knowing it was stolen by another; or
(3)  property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another.

Sec. 29.02.  ROBBERY.  (a)  A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1)  intentionally, knowingly, or recklessly causes bodily injury to another; or
(2)  intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
(b)  An offense under this section is a felony of the second degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 9.04.  THREATS AS JUSTIFIABLE FORCE.  The threat of force is justified when the use of force is justified by this chapter. For purposes of this section, a threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Bums sometimes don't think of the unintended consequences of their actions.

Jungle Work

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