Here are a couple of other actual cases on point, and I have no quarrel with the reasoning. One cannot indiscriminately use deadly force on any person who enters your property even if they are not endangering your own life (including the possibility that the owner is not even home when such deadly force is used):
Katko v. Briney, 183 N.W.2d 657 (Iowa 1971)
[quote]Defendant had acquired a farmhouse from parents and farmhouse was broken into on many occasions. Defendant did not actually live in the farmhouse and the farmhouse was in deteriorated position. Defendant had put no trespass signs and had boarded up the windows. But some break-in incidents still occurred. To solve this problem, defendant set up a gun trap where if anyone entering a room in the house will be shot in the leg.
The plaintiff entered the house with the intent to steal some old jars and he was shot in the leg, which left him with permanent injuries. The plaintiff prevailed at trial and was awarded with $20,000 actual and $10,000 punitive damages, which was upheld on appeal.[/quote]
State of Louisiana v. Jeffrey Britt, Court of Appeal of Louisiana, 1987
[quote]Defendant, Jeffrey H. “Jack” Britt, was . . . convicted of manslaughter. . . sentenced to serve seven years at hard labor. He appealed. . .
Defendant was charged with the shooting death of his neighbor, Bradley Cavell. The victim was killed by a .44 caliber revolver which was part of a trap set by defendant to prevent forcible entry to his home from the back door. The “booby-trap,” installed by defendant, was set to discharge if the door was opened a distance of two to four inches. The victim’s partially mummified corpse was found on the steps leading from an enclosed porch to the rear door. . . defendant admitted that he was aware of the body on his porch. He claimed, however, that he did not know the victim was there until several days after he noticed the gun had fired. . .
we disagree with defendant’s basic premise that he was legally authorized to indiscriminately kill any person who opened the back door to his home a distance of two to four inches.
the conviction and sentence are affirmed[/quote]
okccc.edu/mludlum/documents/ … essity.htm