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Emmons (D) failed to keep current with installment payments on her car. The finance company sent Earl Gray to repossess the car. He knocked on D's door and got no response. D then proceeded to push the car out of the driveway into the street to repossess it. D fired a .22 caliber rifle at Gray and seriously wounded him. D believed that Gray was stealing the car. D was convicted and appealed. D's only defense at her trial was one of prevention of a felony.

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