This section contains the nature of the case and procedural background.

Saunders (D) and his brother got into an argument with Kincannon inside a pool hall. Kincannon left, and D and his brother were asked to leave too. Kincannon and his brother attacked D's brother as they came outside. They threatened to kill D's brother with his own gun, but they did not know that D's brother was unarmed. D got a gun from a friend's car and shot it in the air because he was afraid for his brother's life. D then shot Kincannon's leg. Kincannon bled to death. D was charged with murder. The trial court refused an instruction that D had a right to use force to defend his brother. D was convicted and appealed.

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