Commonwealth v. Leno
Massachusetts Supreme Judicial Court
616 N.E.2d 453 (1993)
Relevant factsFree
Leno (defendant) ran a needle-exchange program distributing clean needles to drug users to reduce AIDS transmission, in violation of a state law requiring a prescription for hypodermic needles; the trial judge denied his request for a necessity-defense jury instruction, and he was convicted and appealed.
IssueFree
Whether the defense of necessity only applies if the defendant, while faced with a clear and imminent danger, undertakes an unlawful action that he could reasonably expect would end that danger and for which there is no legal alternative, so long as the defense of necessity is not statutorily prohibited for the type of situation.