My rights1 
Member since Jun 29, 2012


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Re: “Drunken Confusion Leads to Fickle Hill Shooting

Ceballos case has no relevance rachel..... California Penal Code § 198.5 sets forth that unlawful, forcible entry into one's residence by someone not a member of the household creates the presumption that the resident held a reasonable fear of imminent peril of death or great bodily injury should he or she use deadly force against the intruder. This would make the homicide justifiable under CPC §

  1. [17] CALCRIM 506 gives the instruction, "A defendant is not required to retreat. He or she is entitled to stand his ground and defend himself and, if reasonably necessary, to pursue an assailant until the danger ... has passed. This is so even if safety could have been achieved by retreating." However, it also states that "[People v. Ceballos] specifically held that burglaries which 'do not reasonably create a fear of great bodily harm' are not sufficient 'cause for exaction of human life.'” The court held that because the defendant had constructed a gun-firing trap, the doctrine did not apply because mechanical devices are without mercy or

discretion. [

Posted by My rights on 06/29/2012 at 11:28 AM

Re: “Drunken Confusion Leads to Fickle Hill Shooting

Called castle law,look it up people

Posted by My rights on 06/28/2012 at 4:38 PM

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