Robert Falco's home had been broken into a number of times, and the break-ins had been reported to the police. On the day after another burglary had been attempted , Richard Brush, Jr., a youth , entered Falco's home from a side bathroom window to commit a burglary . Brush had already entered Falco's bathroom and was opening the bathroom door to go into the living room, when he was shot and killed by a bullet from a .22 caliber rifle positioned on a chair in the living room . No one was present at the time of Brush's entry . To activate the gun , it was necessary to enter into the house the way Brush did . Falco was charged with manslaughter . Should he be convicted ? [ Falco v. State , 407 So. 2d 203 (Fla. 1981) a