State v. Fischer

23 Wash.App. 756, 598 P.2d 742 (1979)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.