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TX: 'Castle doctrine' doesn't prevent pain
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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Carmen Glass sat beside her husband, Burnell, as the trial opened for Ray Lemes, a Northwest Side homeowner who is claiming a “castle doctrine” defense in the August 2007 shooting of Tracy Glass, 19, an unarmed college student from San Angelo. In Texas, a person is legally justified in shooting someone who enters his home with nefarious intent.
Some reports have suggested Glass might've gone to the wrong house. He was staying with his sister in an unfamiliar neighborhood and was legally drunk. Lemes' house looked similar. |
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The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers" delegated directly to the citizen, and `is excepted out of the general powers of government.' A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power." [Cockrum v. State, 24 Tex. 394, at 401-402 (1859)] |
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