State v. Saunders

Robert Saunders (defendant) and his brother James got into an altercation with Phillip and Brian Kincannon at a club; the Kincannon brothers overwhelmed James, held him on the ground, and threatened to kill him. Robert ran to a friend's car, retrieved a handgun, fired a warning shot over the Kincannons' heads, then lowered his aim and fired at Phillip Kincannon's leg, unknowingly striking him in the buttocks; Phillip bled to death. At trial for first-degree murder, the court refused to instruct the jury on defense of another, apparently believing that defense did not exist under state law, and Saunders was convicted and appealed.