Another Joe Horn thread, specific Penal Code content only please.

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I'm just puzzled why they put that "in the nighttime" stuff in there in the first place. Sounds like some antiquated, out of date wording or something going on there. I've always been taught that you're justified in defense of property or life regardless of the position of the sun. I understand what you're saying, not arguing you're wrong.
 
In the nighttime it's harder to tell what someone is doing.

They MIGHT be just committing criminal mischief or they MIGHT be getting ready to blow up your house.

In the daytime it's easier to tell what's up.

Darkness also puts a law abiding citizen at a disadvantage tactically so this levels things up from that standpoint as well.

It's about making sure that criminals have as few advantages as possible.

It may sound antiquated but it's not designed to be "fair" to the bad guys.

That's the way I've heard it explained by attorneys' and cops over the years. Makes as much sense as anything.

The deadly force to protect property stuff is really meant to be a deterrent to crime. Mr Horn I think might have reminded a few folks about it if nothing else.
 
Tex
That is the exact way it was explained to me by a shyster.
(not that I trust them)

If you see someone doing something inane, say, using spray paint to "tag" grafitti on your garage. During the day you look out and see someone spray painting your garage. As mad as you are, you can't shoot them.

If it is night you can't tell what is going on. All you know is that there is a guy making wierd motions and hissing over there by your garage.

You can shoot him.
 
I am not advocating a response

Just pointing out that a guy making wierd motions and hissing is a little strange.

A guy with a spray can is another thing altogether

No matter what the legal reasoning behind Joe's no bill, it does remind us of the effectiveness of the 12 gauge
 
Obviously legally speaking, there is should be no difference as to what type of weapon he used.

I wonder if there is a PR advantage to a shotgun? It seems that shotguns are always treated kinder than say, AR-15's
 
TR, just caught your question on the other now locked thread and you were correct - all homicides go to the grand jury in Texas, even if they are clearly justifiable.

On this issue, I'd have to agree with the interpretation that Thumper and TR gave. It looks pretty clear to me based on rules of statutory interpretation.
 
Does anyone know what type of ammo he was using?

Well it was buckshot of some sort, I just hit the link from above wow completely penetrated.

Autopsy results show massive injuries

Meanwhile, autopsy results released by the Harris County Medical Examiner's Office on Tuesday show the two burglars who were fatally shot by Horn outside his Pasadena home were struck in the back, shoulders and arms by buckshot . The results affirm accounts of the shooting earlier disclosed by investigators.

The buckshot hit Ortiz in the back of both shoulders and elsewhere on the left side of his back, according to his autopsy. The pellets penetrated his left lung, heart, spleen, aortic root, left jugular vein and other areas, the Medical Examiner's Office reported.

The pellets exited his body in his left upper chest, the left side of his neck and his left shoulder.

Torres had buckshot wounds in the left lateral chest and posterolateral torso, left posterior arm and other areas.

The pellets injured his spleen, transverse colon, left lung, heart and left wrist.

While the autopsies had been conducted months ago, the medical examiners' office declined to release them until today.
Click to expand...

Also, not to speculate to much here but if the detective had not witnessed the shooting do you think the results would have been the same?
 
There are a lot of variables. Choke and distance are two of the biggies. I doubt we will ever find out what he had in the shotgun

This made me rethink some things, including reminding me of how great my old Remington 870 Marine Magnum is.
 
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