Criminal Law keyed to Dripps
State v. Saunders
In a rough area of Beckley, West Virginia, known as “The Hill,” Robert Saunders (Defendant) and his brother, James, got into an altercation with Phillip Kincannon and his brother, Brian, at a club called NiteFlite. James was attacked by both Kincannon brothers and overwhelmed. As the Kincannons held James on the ground and threatened to kill him, Robert ran to the car of Ronnie Campbell and obtained a handgun. Defendant took the gun and fired a shot over the heads of the Kincannon brothers. He then lowered the gun, aimed at Phillip Kincannon’sleg and fired. Defendant did not realize he had hit Phillip in the buttocks. Defendant dropped the gun and ran. Phillip Kincannon subsequently bled to death. Defendant was charged with first-degree murder. At trial, the court refused to instruct the jury that Robert fired the gun in the defense of his brother. Defendant was convicted and he appealed.
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