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Instruction 5 stated: "You are hereby instructed that one may use reason-able force in the protection of his property, but such right is subject to the qualification that one may not use such means of force as will take human life or inflict great bodily injury. Such is the rule even though the injured party is a trespasser and is in violation of the law himself." Instruction 6 stated: "A n owner of premises is prohibited from willfully or intentionally injuring a trespasser by means of force that either takes life or inflicts great bodily injury; and therefore a person owning a premise is prohib-ited from setting out 'spring guns' and like dangerous devices which will likely take life or inflict great bodily injury, for the purpose of harming trespassers. The fact that the trespasser may be acting in violation of the law does not change the rule. The only time when such conduct of setting a 'spring gun' or a like dangerous device is justified would be when the trespasser was commit-ting a felony of violence or a felony punishable by death, or where the trespasser was endangering human life by his act." . . . The overwhelming weight of authority, both textbook and case law, supports the trial court's statement of the applicable principles of law....
DOI link for Instruction 5 stated: "You are hereby instructed that one may use reason-able force in the protection of his property, but such right is subject to the qualification that one may not use such means of force as will take human life or inflict great bodily injury. Such is the rule even though the injured party is a trespasser and is in violation of the law himself." Instruction 6 stated: "A n owner of premises is prohibited from willfully or intentionally injuring a trespasser by means of force that either takes life or inflicts great bodily injury; and therefore a person owning a premise is prohib-ited from setting out 'spring guns' and like dangerous devices which will likely take life or inflict great bodily injury, for the purpose of harming trespassers. The fact that the trespasser may be acting in violation of the law does not change the rule. The only time when such conduct of setting a 'spring gun' or a like dangerous device is justified would be when the trespasser was commit-ting a felony of violence or a felony punishable by death, or where the trespasser was endangering human life by his act." . . . The overwhelming weight of authority, both textbook and case law, supports the trial court's statement of the applicable principles of law....
Instruction 5 stated: "You are hereby instructed that one may use reason-able force in the protection of his property, but such right is subject to the qualification that one may not use such means of force as will take human life or inflict great bodily injury. Such is the rule even though the injured party is a trespasser and is in violation of the law himself." Instruction 6 stated: "A n owner of premises is prohibited from willfully or intentionally injuring a trespasser by means of force that either takes life or inflicts great bodily injury; and therefore a person owning a premise is prohib-ited from setting out 'spring guns' and like dangerous devices which will likely take life or inflict great bodily injury, for the purpose of harming trespassers. The fact that the trespasser may be acting in violation of the law does not change the rule. The only time when such conduct of setting a 'spring gun' or a like dangerous device is justified would be when the trespasser was commit-ting a felony of violence or a felony punishable by death, or where the trespasser was endangering human life by his act." . . . The overwhelming weight of authority, both textbook and case law, supports the trial court's statement of the applicable principles of law....
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