Or it could just be a glitch. I've had one character completely scrubbed because the Guards wouldn't accept a yield for the obvious capital offense of trespassing. We've all done it, rushing to get to the shop before the arbitrary 8:00 pm curfew, and the bad luck for it to tick over somewhere in the second and a half between the door, and the counter. It happened to be Arnleif, & Sons, so I was like "Okay, I'll come back in about 12 hours." Nothing doing, the guards attacked, I yieilded, they kept coming, I got out my spells, put them back away to yield again, fortunately the city gate was right there, so i ran for it. Or maybe not so fortunate, that's another cell, filled up my quota of 3 auto saves, and this was before I started saving religiously just in case this hinkey stuff started happening again. Finally, I gave up, tried to pay the fine, and go to jail. Nothing doing, the guards finally killed me. I respawned back at the gate, the guards went "There she is!" and the chase music started again. I guess the moral of this story is, whenever it starts acting like this, go back to the last clear save immediately, instead of trying to fix it. That's what I do now. Of all the player skills I've picked up in Skyrim, I'd rate Glitch avoidance about the top of the list.
------------------- "Don't Fight, Kill."
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