State v. Saunders
Supreme Court of Appeals of West Virginia
330 S.E.2d 674 (1985)
In a rough area of Beckley, West Virginia, known as “The Hill,” Robert Saunders (defendant) and his brother, James, got into an altercation with Phillip Kincannon and his brother, Brian, at a club called Nite Flite. James was attacked by both Kincannon brothers and overwhelmed. As the Kincannons held James on the ground and threatened to kill him, Robert ran to the car of Ronnie Campbell and obtained a handgun. Saunders took the gun and fired a shot over the heads of the Kincannon brothers. He then lowered the gun, aimed at Phillip Kincannon’s leg and fired. Saunders did not realize he had hit Phillip in the buttocks. Saunders dropped the gun and ran. Phillip Kincannon subsequently bled to death. Saunders was charged with first-degree murder. At trial, the court refused to instruct the jury that Robert fired the gun in the defense of his brother. Saunders was convicted and he appealed.
Rule of Law
Holding and Reasoning (Neely, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.