Questão jurídica principal
Whether the new claim that the victim had pushed the defendant so hard that he fell was admissible on appeal
Decisão extraída
The new factual allegation was inadmissible because it had not been raised below and was not triggered by the appellate judgment.
Fundamentação extraída
A party cannot introduce a new factual argument on federal appeal when it was already absent from the cantonal proceedings; Art. 99(1) BGG barred consideration.