Thanks for the info guys.
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.
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Its early and my coffee is still brewing so forgive me. BUT fear alone is not enough to justify deadly force, but must (fear) also be included when you do you deadly force?
I want to go back to one of my original questions once more. copy/paste.
Quote:
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IF I am downstairs and an intruder breaks in, BUT does not come towards me, rather begins to run upstairs (away from and with back to me) AND I have family member(s) upstairs am I then legally covered to use deadly force for the preservation of persons in the general vicinity (upstairs) to where the intruder is heading?
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Here, I dont have sufficient fear for myself but rather a fear for my family upstairs.