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Commonwealth v. Markum

Superior Court of Pennsylvania

541 A.2d 347 (1988)

Relevant factsFree

Markum and others (defendants) overtook an abortion clinic, damaged medical equipment, plastered pro-life stickers throughout, and refused to leave voluntarily; convicted of trespass-related offenses after the trial court refused to hear their proposed justification defense (that they were preventing the greater harm of abortion), they appealed to the Superior Court of Pennsylvania.

IssueFree

Whether an individual may raise a justification defense to a trespass and property-damage charge where the harm the individual sought to prevent (legal abortion) does not constitute a legally recognized harm.

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