Nature of the Case
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Facts
Fischer (D) was an owner of a bar. Lester and two of his friends entered the bar without paying the cover charge. D engaged in an altercation with Lester, who provoked complaints from several customers. D and his bouncers attempted to eject Lester. D intentionally struck Lester with a flashlight during the process of ejection. D was charged with assault and defended on the theory of self-defense. The trial court instructed the jury that D could be found to be justified in striking Lester only if there was no reasonably effective alternative to the use of force to eject Lester. D wanted an instruction for a subjective reasonable person, but the trial court denied him that instruction. D was convicted and appealed. D appealed.
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