Murder connotes premeditation, does it not? So they guy planned on having the guy burglarize his home?
Premeditation means intent, but intent can arise mere seconds before the killing. It doesn't require longer range planning.
I know this because I watch Law & Order regularly.
Although I have proven to be the pro se defendant from Hell in civil matters, I'm not an actual attorney. Any actual lawyers want to chime in on this?
No “premeditated murder” is premeditated.
Murder doesn’t have to be premeditated.
But murder does connote an unlawful motive.
Self defense is a justifiable homicide not murder.
Acts of war is justifiable homicide as long as the war is just.
Killing someone breaking into your house in Texas is justifiable homicide in Texas.
Defense of property gets into a grey area.
In Tennessee, I’ve been told by officers that you have the right to use the minimum force necessary to bring a thief to justice, up to and including deadly force.
But you’ll probably have to prove that was the minimum force necessary.
Not trying to apprehend someone and just shooting them dead who is stealing your possessions is murder.
Without reading the article and some of the comments. My guess...
He probably didn’t realize he hit the guy.
Thus the good nights sleep.
Probably should have called the cops anyway.
If he knew the thief had been hit and didn’t call the cops, that would be murder.
If he shot him in the front, he probably has a good defense.
If he shot him in the back, he’s probably in for a trial, but it is Texas, he will win, if the stress doesn’t kill him.
So it depends on the murder degree he was charged with. I would have to assume he is charged with 2nd degree murder.
Exactly. The Best they can get him for is negligent homicide. Prosecutors might be intentionally losing this case?