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The
Below Comments Relate to this Newslink:
Comment by:
PHORTO
(8/17/2018)
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"[W]e can't assume just because someone is in our home they're going to hurt us."
That's EXACTLY wrong. The Castle Doctrine provides that an intruder in the home is automatically presumed to present an immediate and unavoidable danger of death or egregious bodily harm.
AUTOMATICALLY.
That's what Castle Doctrine is all about, why it exists in the first place. |
Comment by:
jac
(8/17/2018)
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The homeowner told the trespasser to leave and he didn't leave. A 79 year old can't physically defend himself and shot the intruder before he was close enough to cause him physical harm.
It seems like a pretty clear case of self defense to me.
Hopefully turning this over to the prosecutor is strictly a formality and they will make the correct decision to not charge the homeowner. |
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QUOTES
TO REMEMBER |
For, in principle, there is no difference between a law prohibiting the wearing of concealed arms, and a law forbidding the wearing such as are exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution. [Bliss vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822) |
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