State v. Underwood

615 P.2d 153 (1980)

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Nature of the Case

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Facts

Underwood (D) had been convicted in 1974 for stealing a bicycle and served a two-year probation, he was 18 at the time. In 1978, he got into a fistfight with Brewer. After the fight, Brewer brandished a shotgun at D. D left for home, got a pistol and returned to the scene. The fight resumed, and at least one person was stabbed during the fight that now included others. Brewer escaped and ran towards the shotgun and D then ran for his pistol and shot four times because he saw that Brewer was reaching for the gun. D was convicted for felony murder and appealed.