Quote:
See Penal Code 197 as quoted by Bartholomew Roberts (emphasis added):
Quote:
Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein;
|
Im following, BUT, i refer back to this
Quote:
A bare fear of the commission of any of the offenses mentioned
in subdivisions 2 and 3 of Section 197, to prevent which homicide
may be lawfully committed, is not sufficient to justify it. But the
circumstances must be sufficient to excite the fears of a reasonable
person, and the party killing must have acted under the influence of
such fears alone.
|
Being that fear alone is not enough but must be included when using deadly force. In regards to my purposed situation, I AM fearful that the family members life is in danger, BUT
that is all i have. I dont see a weapon, hes not threatening (verbal), just making his way (rapidly) up stairs into the general area of another person. THis can also be said of my other purposed situation of an intruder making slow but steady progress towards me.
Quote:
|
So in such cases, it probably doesn't pay for you to say anything to the police, at least early on. Let them do the work of trying to amass evidence to prove the case against you. There's no reason for you to help.
|
The theory that I prescribe to! I know I would be extremely rattled and wouldnt want to get into much details right away.
I appreciate your time and obvious wisdom here.