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Old May 18, 2005, 11:29 AM   #4
skidmark
Senior Member
 
Join Date: January 27, 2005
Location: Richmond VA - home of a street full of second-place trophies.
Posts: 151
castle doctrine

Both VA & MD recognize the "castle doctrine" of common law. VA has some interesting case law on "standing your ground" outside the home. (have it bookmarked, but not on the 'puter in the office). Basically, if you did not in any way provoke or escalate the incident you can claim an affirmative defense of justified killing. If you were involved, but withdrew and tried to disengage, but the other side continued to press the attack, you can claim an affirmative defense of excusable killing.

It sounds like the houseowner had a "rightious shoot" for the first shot, but there were a total of 4 and we may need to see what MD says about the last 3.

Does "wounding the alleged invader in the hand and side, police said. The wounded man -- who is also a suspect in a burglary 20 minutes earlier in the same area -- was being treated at Suburban Hospital late yesterday and was expected to survive, police said." bother anybody besides me? Seems like they are describing less-than-COM shot placement, and not too serious wounds in spite of the MedFlight ride to the hospital.

Also, wonder how the Post would have reported it if the guy did not live in "a two-story red-brick rambler with immaculate landscaping"?

stay safe.

skidmark
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