STATE v. SAUNDERS by Dtemko

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									                                        STATE v. SAUNDERS

Case Reminder

Citation                State. v. Saunders W. Va Sup. Ct. App., 330 S.E. 2d 674 (1985)

Statement of the case

Procedure               Appeal from a murder conviction

Statement of fact       Sunders shot Kencannon when Kencannon was attacking and threatening the life
                        of Saunders brother. The trial court refused to instruct the jury that defense of
                        another was a defense to the murder charge against Saunders. Saunders was
                        convicted and appealed

Issue                   Is a person who acts in defense of another guilty of murder?

Decision                NO

Rule                    A person who acts in self defense or in defense of another is not guilty of murder

Reasoning               What one may do in defense of himself he may do in defense of others. He may
                        use that amount of force which he reasonably belives he is being threatened with.
                        Thus if the jury found that Saunders reasonably belived his brother was in life
                        threatening danger or in danger of serious bodily harm the right to defend another
                        would exonerate him

Critique

								
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