once the danger of grave bodily harm was extinguished by their flight, i think you would have a hard time making any sort of justification argument.
From: "Volokh, Eugene" <[EMAIL PROTECTED]>
To: "List Firearms Reg" <[email protected]>
Subject: RE: "Oh Canada"
Date: Tue, 20 Jun 2006 12:00:15 -0700
Wouldn't the same be true in the U.S. (at least as a matter of the law on the books, if not in action), if indeed the following is true and complete?"Two men kicked in the front door of the home, and the property owner grabbed a firearm. At that point the invaders left ... but as they were going, a shot was fired at their vehicle and hit the driver."Hard to argue self-defense there; maybe one can argue it down to attempted voluntary manslaughter (because of the provocation) from attempted murder, but attempted murder is not an implausible charge, no?Eugene-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Joseph E. Olson
Sent: Tuesday, June 20, 2006 6:32 AM
To: List Firearms Reg
Subject: "Oh Canada"Two suspects in a home invasion in Canada are in custody, after going directly to the police to complain that their intended victim shot at them. The homeowner is facing charges, including attempted murder.
http://www.cjob.com/news/index.aspx?src="">Professor Joseph Olson, J.D., LL.M. o- 651-523-2142
Hamline University School of Law f- 651-523-2236
St. Paul, MN 55113-1235 c- 612-865-7956
[EMAIL PROTECTED]
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