Exoneration Under Justifiable Homicide Statute Does Not Preclude Possibility of Damages in Subsequent Civil Suit for Wrongful Death

Date

1975

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Examines the Texas Supreme Court case Howsley v. Gilliam. The Court in Howsley held that the fact that a homicide is justified under the Penal Code (either through self-defense, defense of others, or defense of property) does not preclude automatically the possibility of damages in a wrongful death action. The author believes that this decision is in line with the basic policy of protection of life over property.

Description

Keywords

Wrongful death, Justified homicide, Defense of property, Howsley v. Gilliam, Case note

Citation

7 Tex. Tech L. Rev. 219