Re: American Lawyers

From: jeffrichard68 <richj_at_v5bZCeTEz7tthLElGw40FKB03dF3ZxpnbGVLKB3Xgx9AX8bEuz61EFtpTBQNKYNKdKp_YW>
Date: Tue, 20 Jul 2004 18:00:13 -0000

> In Texas, it appears to still be valid law that, if
> you find your spouse actually engaged in the sexual
> act with someone other than yourself, it is not even
> manslaughter to kill them both, so long as you do it
> before they separate. I suspect that rule may not
> have much application any more because so few folks
> carry with them a weapon that would allow such
> immediate vengance. Back when the first thing you did
> upon wling in was to hang up your gun, I can see that
> there might have been an application for this sort of
> rule.

It would be interesting to see if that is still a successful defense against murder charges. I doubt it - although the presence of the defense could influence a decision to file charges by the local prosecutor.

Back in law school (oh how the years pass) I remember being fascinated by the difference between the retreat and no retreat rules for self-defense. As a general rule, the eastern states require that you must first try to retreat from a confrontation before you can use deadly force in self-defense (and often require proportionality). The western states (like Washington) generally allow you to stand your ground and often don't require proportionality in defense.

> I should also note, I suppose, that carrying a
> concealed weapon in Texas can be legal.

As in Washington. In Virginia it is legal to wear an unconcealed firearm in public places.

Jeff