WIEAND, Judge:
On the afternoon of September 14, 1981, Elias Refile learned that his sister's jaw had been fractured by a blow administered by Isaac Epps. Refile, together with his mother, his brother, and a friend, who armed themselves with nightsticks and a gun, set out for Epps' residence. They found him sitting on the steps of his home with his nine year old son. When Epps saw them coming, he turned to run. Refile shot him twice in the back, causing Epps' death...
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