October 8, 2010, 10:28 AM
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#7
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Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
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Quote:
Originally Posted by TheGoldenState
...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 ...
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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;
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