Spooky noises and things that go bump in the night

[david]

On Thursday 10 January 2002 10:51 pm, jamesd at echeque.com wrote:

> Legal hassle depends on where you live.  Most places,
> provided the burglar is inside, no problem.  If lives long
> enough to get outside, drag the body back inside, and rinse
> away the blood.  Police will not be interested in finding the
> evidence that he made it outside.

In Texas deadly force is legally justified to prevent the immenent commission 
of burglary.  This means you can shoot if someone is getting ready to break 
in.  You don't have to wait until they are inside.  The Texas penal code 
requires that you retreat instead of using deadly force if you have the 
option unless you are using deadly force against someone who is unlawfully 
entering your habitation.  In that case you don't have to retreat even if you 
can.  Some states require you to retreat even if you are in your home if you 
can.

It is a myth that if someone is crawling through your window and he falls 
outside after you shoot him that you need to pull the body inside.  You are 
foolish if you think that a forensic team can't tell how the shooting took 
place and that the body was moved.  Any jurisdiction that will prosecute and 
convict someone because the body of a person attempting burglary happens to 
be on the outside instead of the inside will certainly prosecute and get a 
conviction for tampering with the evidence.  Tampering with the evidence will 
also be considered evidence of guilt of murder rather than self defense.