State v. McAvenia

The issue in this appeal from a conviction for first-degree assault, RSA 631:1 (Supp. 1981), is whether the evidence was sufficient to support a finding that the defendant did not act in self-defense. See RSA 627:4.

On July 17, 1981, the victim, Michael Tensel, who had consumed a considerable amount of alcohol, was told to leave the Half-Moon Lounge in Laconia by the bartender, defendant Richard C. McAvenia. Although Tensel left, he later returned. Tensel maintained that after he returned, the defendant, without provocation, shouted at him to leave, grabbed him by the shirt, punched him, and…