State v. Cook
Supreme Court of West Virginia
515 S.E.2d 127 (1999)
Brenda Cook (defendant) and her husband Gerald had an ongoing dispute with their neighbor, Homer Buckler, over a fence. Buckler stopped his truck, threw rocks at Gerald, and after Brenda fired a warning shot into the air failed to calm him, Buckler -- a much larger man -- knocked Gerald down and beat him while Gerald was unable to fight back. After failing to pull Buckler off her husband, Brenda shot and killed Buckler. The State (plaintiff) charged Brenda with second-degree murder; the jury was instructed on defense of others but convicted her anyway, and she appealed.
Whether defense of another justifies a defendant's use of reasonable force, including deadly force, to stop an attack on a person who faced imminent death or serious bodily injury and could not defend himself.