Nature of the Case
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Facts
John and D went to a friend's house after work. John invited D to stay at his house. By then, it was 4 am. D dropped John off and went to park the car. John went to the house and found Harding sleeping with his wife. Harding, who was naked, and John got into a fight. Harding attempted to force John out of the apartment through the door. John yelled out to D, who was waiting outside the apartment. D entered through the doorway and pulled John out of the apartment. John testified that he waited outside of the apartment with D for the police to arrive who had been called by Julie. John then went around to the window of the apartment, opened it, yelled to Julie, 'How could you do this to me?' and threw a plant on the ground. John's wife Julie testified to a completely different story. Harding was sleeping on the couch in the living room of the apartment. At approximately four o'clock in the morning, she was awakened by 'noise.' From her bedroom, she observed John standing in the hallway. Julie testified that she was sure that John had gained entry into the apartment through a living-room window because plant pots located on the window sill were broken. Julie and John began arguing and Harding woke up. John kicked Harding in the face several times as he sat on the couch. As the two men struggled Julie called the police. John hollered to D 'somebody is in here' and then unlocked the door. D entered the apartment, punched Harding in the face, and then left with John. D testified that as he waited outside the apartment he could hear John and Julie yelling. He walked to the door and banged on it but did not attempt to open it. The door opened and then slammed shut. When the door opened again D could see Harding who was naked grabbing John by the waist. Beeley did not know Harding and did not know what Harding was doing in the apartment. John was crying, and he yelled to Beeley, 'This is the guy.' D hit Harding once to break his hold on John. D observed Julie on the telephone, talking to the police. He then grabbed John and pulled him out of the apartment. D and John waited outside for the police to arrive. D further testified that he did not know how John gained entry into the apartment. D was tried for burglary and assault. D asserts that he never broke any close and merely entered through an open doorway, D had no awareness of how John had entered, that John was allowed to be there and D was invited to enter, and D believed John and Julie had been living together as husband and wife. D also contends that one acting to defend another has only a derivative right of self-defense and that his or her actions are not judged by the reasonableness of his or her own conduct and perceptions. D was convicted of both counts and appealed.
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