This section contains the nature of the case and procedural background.

P went to the home of D, a neighbor, to inquire about his dog which was missing and which frequently had gone to D's home. When D, in response to P's knock, opened the door, the dog ran out from inside the house. This angered P who immediately started talking in a loud tone of voice, told D he did not want D or his wife to feed the dog or keep it at their house. P kept 'waving his hands and was very upset and animated. D had asked him to go three times, and P kept waving his hands, I thought he was going to strike me, and I struck him or pushed him, and I went in and closed the door.' P called the police, but no arrest was made nor was any criminal action had. The trial court found P started the argument and D merely used reasonable force to get P to leave his premises but only after P advanced threateningly. D got the verdict and P appealed.

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