</font><font color="blue" class="small">( Maybe Bird can explain Texas law on breaking and entering )</font>
I wouldn't even try in the space here. /forums/images/graemlins/wink.gif /forums/images/graemlins/laugh.gif But you can go to
the Texas Penal Code and read all about it. /forums/images/graemlins/wink.gif Prior to January 1, 1974, burglars (and even thieves at night) were fair game. It was justifiable homicide to shoot a burglar as long as he was in the building he burglarized
or within gunshot of that building. But our Penal Code was completely rewritten by the 1973 legislature, so ain't the case anymore.
Now it's more complicated:
</font><font color="blue" class="small">( § 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land or
tangible, movable property:
(1) if he would be justified in using force against the
other under Section 9.41; and
(2) when and to the degree he reasonably believes the
deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury. )</font>