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

D shared a common driveway with his neighbors, Michael and Mary Scarano. The Scaranos engaged a contractor to pave their portion. D obtained some asphalt from the contractor and made a doorstop to keep his garage door from swinging onto the Scaranos' property. Nicholas Scarano, the son, objected to Ds innovation. After some words between them, a fist fight ensued. D landed the first punch, and Michael Scarano came at D with a hatchet. Mary Scarano followed, armed with a carving knife and large fork. All of the Scaranos were hit by the hatchet. Nicholas received severe head injuries. D claimed a laceration. D admitted he wrested the hatchet from Michael but denied he wielded it at all. D insisted that the Scaranos were injured during a common struggle for the instrument. D was separately indicted for atrocious assault and battery upon each of the Scaranos. There was a common trial of these indictments. The jury acquitted D of the charges relating to Michael and Mary, but found him guilty as to Nicholas. D appealed.

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