Quote:
Originally posted by Hanxter
walk a dog in my yard - it's dead...
you have a party in your yard where beer is served, is that drinking in public???
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Two things:
#1) The dog, if being walked in an area with POSTED no trespassing signs is simply an extension of criminal trespassing. Using lethal force is not a reasonable method for the removal of a trespasser (even here in Texas) if he has not used lethal force first and eliminated your chance of escape.
#2) After having a friend arrested in his back yard for Public Intoxication (henceforth, PI), the difference is this: if the gate is open, there is no list of visitors allowed in, or no one preventing entry into the party by uninvited guests, it is legally "open to the public." Getting a PI is not saying you were on public property, but rather in a place "open to the public."