State v. Abbott

Abbott (defendant) got into a fistfight with Nicholas Scarano over a shared driveway dispute, after which Michael Scarano attacked him with a hatchet and Mary Scarano followed with a knife and fork; in the ensuing struggle, both Michael and Mary were struck by the hatchet. The jury acquitted Abbott of atrocious assault and battery charges relating to Michael and Mary but convicted him on the charge relating to Nicholas, and Abbott appealed, challenging the jury instructions on his duty to retreat.