TexasCHLforum.com

Wilson wrote:If it was late afternoon (dark) § 9.42 http://www.capitol.state.tx.us/statutes ... 009.00.htm will protect the homeowner, otherwise we hope the thief made a threading move.

I think the incident happened during daytime, but read the law carefully, burglary has no night-time requirement.

suXor wrote:

Wilson wrote:If it was late afternoon (dark) § 9.42 http://www.capitol.state.tx.us/statutes ... 009.00.htm will protect the homeowner, otherwise we hope the thief made a threading move.

There has been numerous case law over the years that makes §9.42 useless. From what I have been told is that no one can use deadly force to protect personal property. If you end up in a jury trial, with 12 of your peers, good luck having them let you off for killing a person for stealing your $300.00 car stereo. Case law has show that jurys generally side on the side of the shooting victim, citing that no amount of personal property is worth a life.

Maybe with a $300 stereo, but your statement that case law makes 9.42 useless is simply untrue. Several people have been shot legally under this statute.

http://recenter.tamu.edu/pdf/1057.pdf

http://www.nbc5i.com/news/5517747/detail.html

"Police: Dallas Homeowner Confronts, Shoots Alleged Burglar

POSTED: 10:42 am CST December 12, 2005
UPDATED: 10:52 am CST December 12, 2005

DALLAS -- Police say a Dallas homeowner took the law into his own hands when he shot an alleged burglar.

Investigators said the homeowner saw a man peering into his window on the 3700 block of Crown Shore Drive on Sunday afternoon.

The man told police he got a gun and went outside.

Investigators said the man reported seeing two men leaving his home carrying boxes. He followed them into the driveway and confronted them.

The man shot one of the men while the other fled, police said.

So far, no charges have been filed against the homeowner."

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Not many details yet.

Sounds like the homeowner is under investigation... although the criminals appeared carrying boxes away from a burglary.