Exoneration Under Justifiable Homicide Statute Does Not Preclude Possibility of Damages in Subsequent Civil Suit for Wrongful Death
Ulrich, Stephen E.
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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.