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Old August 10, 2009, 06:13 PM   #215
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
Quote:
But not [justfied if] simply pounding on it in an attempt to break it?...Herculite is not that hard to break.
So--in pounding once with his hand and then screaming, was he attempting to break into the car unlawfully and with force? Sounds like a real stretch to me. If it didn't break and it's not that hard to do, sounds like a really, really big stretch. Was he in the process of breaking in? That seems to be the threshold in Florida.

How many times do you think people whack on someone's car door or window in the course of an argument? Do you think the Florida statute was intended to justify the use of deadly force whenever that happens?

Had he been banging away with a hammer, would people assess the situation differently?

What if someone banged once on the glass part of the door of your house with his knuckles? With a crowbar, repeatedly? Varies. In Colorado, some part of the fellow has to have entered the house. By the way, their castle law does not extend to one's automobile.
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