It is allowable to kill a thief if he cannot otherwise be taken.

Explanation

At common law, deadly force was permitted against a thief who could not be apprehended by lesser means — the right to protect property extended to lethal defense when no alternative existed.

Where this applies

• A homeowner discovers a burglar in her house at night and uses lethal force to defend her family when the burglar charges at her, invoking the common-law right to kill a thief who cannot otherwise be taken.
• A shopkeeper confronts an armed robber who refuses to surrender and attempts to flee with the goods, and the common-law rule permits the use of necessary force to apprehend the thief.
• A farmer encounters a cattle rustler on his property in a remote area with no law enforcement available, and the historical common-law principle permitted the use of deadly force as a last resort when the thief could not be captured by other means.