State v. Bellinger, No. 105,008, 2012 Kan. App. LEXIS 61 (Kan. Ct. App. Jun. 22, 2012)

(criminal appeal from incident in which defendant shot his brother; brothers had acrimonious relationship for many years despite owning adjoining farms; heated situation occurred when one brother accompanied other family members to retrieve grain truck used by defendant and after discussion regarding roaming cattle, defendant and brother had argument; defendant retrieved his rifle and shot into brother’s truck; after scuffle, defendant shot and wounded his brother; jury found defendant guilty of aggravated assault and criminal threat but acquitted him of attempted murder and battery; defendant appealed verdict arguing jury instructions for self-defense and defense of property should have been given; appellate court disagreed finding no evidence of self-defense as brother remained in his vehicle at all times prior to gunshot into truck and no evidence of brother harming property; dissent believed that self-defense jury instruction should have been given due to all facts presented).