Quote:
Originally Posted by dmoolenaar
I thought the use of a gun was only allowed when your life is in immediate jeopardy? Or maybe that's only in CA? If the *rapist* is driving away I don't see how the shooter avoids being charged.
FWIW - In the heat of the moment I'd probably kill the guy too.
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Texas also allows you to use deadly force to stop a person who has commited a felony, from fleeing the scene of the crime.
In these circumstances, the husband reasonably understood the man had been raping his wife and that man was attempting to flee. Husband has gun, bang bang, dead.
I do think one thing: it seems the husband shot the wrong person.
Before 1976, if you discovered your spouse in bed with someone else, you could shoot and kill both and plead "In the Heat of the moment". I think this was a mistake being changed.