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by srothstein
Thu Aug 05, 2021 8:14 pm
Forum: The Crime Blotter
Topic: TX: Dallas clerk charged with murder for shooting robbers at night
Replies: 25
Views: 6429

Re: TX: Dallas clerk charged with murder for shooting robbers at night

The way I read the law, it may be justified and it may be murder. If it was his own beer, I believe he would be legally justified under PC Section 9.42. The problem might be 9.43(2). It was protection of a third party's property, so under 9.43(1) it had to be theft or criminal mischief (and it is confusing if the theft had to be at night or not) AND under 9.43(2) he had to have been asked by the owner to defend the property or believe he had a legal duty to do so. That asked by the owner can be the problem in his defense because, as was pointed out, many stores say to just let it go as not worth risking your life.

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