OK...the million dollar question. Why would you want to kill someone?

[jberryhill]

192. You fail to recognize the circular argument you are making

"unlawfully and with force entered, or was attempting to enter unlawfully"

Someone who has Alzheimer's disease or is otherwise under a mistake of fact as to whether it is their residence, is not entering "unlawfully".

They are entering by mistake. These kinds of mistakes happen all of the time. And, no, it is not an unlawful entry absent intent.

You can keep bleating the words "unlawful entry" as a defense to shooting someone all you want to, but it is absolutely clear you do not understand what those words mean.

While you are digging around in the Texas code, be sure to make a stop here:

MISTAKE:

Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.

Someone entering your home by mistake is not doing so unlawfully. But that doesn't apply to lesser degrees of manslaughter which would apply in the event you were mistaken about their intent and shot them:

(b) Although an actor's mistake of fact may constitute a defense to the offense charged, he may nevertheless be convicted of any lesser included offense of which he would be guilty if the fact were as he believed.

But... by all means... continue believing you have the right to shoot anyone you want. You'll wind up like a lot of other people who believed the same thing.