Messed with the lemon and got the whole meringue

arnisador

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My wife (before we were married) and I once wandered into someone else's house by mistake. We were going to my uncle's new house out in the country. It was dark and an unfamiliar place. He had said "Turn in the second stone driveway" but we turned in the second driveway, which was indeed stone. (His driveway turned out to be number four overall; the others were paved.) The door was open and no one was up--all as expected for our late arrival for his upcoming remarriage. We entered and walked through several rooms looking for a note or someone still up before we picked up a piece of mail addressed to a name unfamiliar to us and figured out that there was a problem. We left and next day told the story. Everyone kept reminding us that we could have been shot, esp. out there in the country. I understood, but it was an honest mistake! When the owners of that house found out they laughed.

We would have been safer if they had locked their door, as it turns out.
 

Bigshadow

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My wife (before we were married) and I once wandered into someone else's house by mistake. We were going to my uncle's new house out in the country. It was dark and an unfamiliar place. He had said "Turn in the second stone driveway" but we turned in the second driveway, which was indeed stone. (His driveway turned out to be number four overall; the others were paved.) The door was open and no one was up--all as expected for our late arrival for his upcoming remarriage. We entered and walked through several rooms looking for a note or someone still up before we picked up a piece of mail addressed to a name unfamiliar to us and figured out that there was a problem. We left and next day told the story. Everyone kept reminding us that we could have been shot, esp. out there in the country. I understood, but it was an honest mistake! When the owners of that house found out they laughed.

We would have been safer if they had locked their door, as it turns out.

:erg: Wow! Glad you didn't run into trouble! I don't leave my doors unlocked. :) I have never heard of anyone ever doing that. I am sure it happens every great once in a while.
 
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tellner

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I believe, but am not entirely sure, that while the Castle Doctrine has not be re-inforced in all States none still mandates a duty to retreat in your own home, especially when the criminal is between you and the exit.
 

charyuop

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Huhumm....silly teenager? bored? lucky to be alive? I read the article and it says she was armed! Lucky is the homeowner...
 

theletch1

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I believe, but am not entirely sure, that while the Castle Doctrine has not be re-inforced in all States none still mandates a duty to retreat in your own home, especially when the criminal is between you and the exit.
The way I understand the law here in Virginia is that if you have the opportunity to evacuate safely then you must. If the criminal is between you and the exit or if there is someone else (wife, child) in the house that needs protection then you are allowed to defend yourself. If, however, you can get out without fighting the intruder you must. This thread has got me wondering exactly what the law is now and I'm gonna do some research into the specifics.
 

Jonathan

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The way I understand the law here in Virginia is that if you have the opportunity to evacuate safely then you must. If the criminal is between you and the exit or if there is someone else (wife, child) in the house that needs protection then you are allowed to defend yourself. If, however, you can get out without fighting the intruder you must. This thread has got me wondering exactly what the law is now and I'm gonna do some research into the specifics.

Really? I thought that got amended recently... or is that only in DC and/or Maryland?
 
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tellner

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Now, I'm not a lawyer. This isn't a legitimate legal opinion. But when I did research on these topics Massachusetts was the last hold out. That was better than a decade ago. The case law that I saw seemed pretty unanimous - no duty to retreat within your home. This could be wrong, but that's what the words on the paper seemed to indicate.
 
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