Wilson initiated a fight with Harrison. Harrison knocked him to the ground. Bernardy (D), who was a friend of Harrison, then kicked Wilson in the head several times. Wilson was severely injured by the kicks. D was wearing tennis shoes. D was charged with assault. D testified that he struck Wilson because Wilson was getting up and another person was coming to Wilson's assistance. D claims he acted to protect Harrison. The trial court refused to instruct the jury on the privilege of defense of another. D was convicted and appealed.

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