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  #1  
Old 08-27-2013, 07:31 PM
aceplace57 aceplace57 is offline
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Is cattle rustling still a hanging offense in any U.S. state or Nation?

Frontier justice. Catch men with your branded cattle and string them up from the handiest tree. Or take them to town for a trial and then hang them. Judge Isaac Parker was called the hanging judge for a reason.

Still legal in any U.S. state or Nation?

Last edited by aceplace57; 08-27-2013 at 07:35 PM..
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  #2  
Old 08-27-2013, 07:32 PM
Lord Feldon Lord Feldon is offline
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No.
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Old 08-27-2013, 08:01 PM
GreasyJack GreasyJack is offline
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It was never a hanging offense to begin with, at least nowhere in the US. Hangings of rustlers and horse thieves by vigilantes was common and widely ignored by the authorities, but nobody was ever legally hanged for livestock theft in the US.

So, with that in mind, the Old West "livestock theft mixed with murder" tradition still lives on in East Africa: http://en.wikipedia.org/wiki/Cattle_raiding_in_Kenya

Last edited by GreasyJack; 08-27-2013 at 08:02 PM..
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Old 08-27-2013, 09:05 PM
aceplace57 aceplace57 is offline
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Oddly enough for the 21 first century, cattle rustling is again on the rise. I was wondering if the judges could still string these guys up. But, I'm not surprised that they can't.

Really, it should be easily controlled at the markets. You can't take someone elses branded cattle to a cattle auction. You can't just show up at a beef packing plant with a load of cattle or dead ones that were skinned. It should be hard to sell them anywhere.

http://www.npr.org/2013/08/21/214232...tling-in-texas

http://www.kxxv.com/story/23235614/c...up-40-in-texas

Last edited by aceplace57; 08-27-2013 at 09:10 PM..
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  #5  
Old 08-27-2013, 09:35 PM
GreasyJack GreasyJack is offline
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Quote:
Originally Posted by aceplace57 View Post
Oddly enough for the 21 first century, cattle rustling is again on the rise. I was wondering if the judges could still string these guys up. But, I'm not surprised that they can't.
Well, according to Texas's somewhat odd deadly force in protection of property laws, I believe you could use deadly force to stop rustlers from escaping with your horse or cow so long as they were rustling at night. I don't know if stringing 'em up would be plausible as a means of merely preventing them from escaping with the stolen property, but you can still fill 'em full of lead. So long as it's at night.

Quote:
Originally Posted by aceplace57 View Post
Really, it should be easily controlled at the markets. You can't take someone elses branded cattle to a cattle auction. You can't just show up at a beef packing plant with a load of cattle or dead ones that were skinned. It should be hard to sell them anywhere.
Well, firstly, a beef packing plant is hardly the only place to process a cow. You can do it in your garage if you really had to. Plenty of butcher shops would be happy to take it or else places that process wild game are also known for picking up illicit side business like that during the off season.

Otherwise, the typical rustler MO is some who works the cattle business themselves and the traditional way to do it is to steal the calves before they're branded (they're easier to steal then anyways) and add 'em to your own herd. I don't know if that's what's going on with these supposed latter day meth-head rustlers since that seems a little far sighted. Although at least in my casual observation employment in the cattle industry and meth use are far from mutually exclusive.
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Old 08-27-2013, 10:04 PM
sweeteviljesus sweeteviljesus is offline
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From the Texas criminal code

Quote:
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.

A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

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Old 08-27-2013, 10:24 PM
Darth Panda Darth Panda is offline
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We've got a right to pick a little fight with rustlers,
Somebody wants to pick a fight with us,
He'd better bite my ass!
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  #8  
Old 08-28-2013, 10:51 AM
bibliophage bibliophage is offline
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Quote:
Originally Posted by GreasyJack View Post
nobody was ever legally hanged for livestock theft in the US.
In looking over the Espy file of legal executions in the U.S., I didn't find any cattle rustlers who were hanged, but a few dozen people have been legally hanged for horse thieving. Contrary to what you might expect from watching Hollywood westerns, most such cases were from east of the Mississippi and before 1810. The most recent case that I turned up was from California in 1851. James "Mountain Jim" Wilson and "Dutch" Fred Salkman were hanged for stealing horses on November 28 in Stockton.

Last edited by bibliophage; 08-28-2013 at 10:52 AM..
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