Nelson v. State
Supreme Court of Alaska
597 P.2d 977 (1979)
Relevant factsFree
Nelson (defendant) got his truck stuck in a marsh late at night and, over roughly twelve hours, took a state Highway Department dump truck and later a front-end loader without permission to try to free it, damaging the equipment and getting each stuck in turn, before eventually giving up and going to sleep. He was convicted of reckless destruction of property and joyriding, arguing his conduct was legally justified by necessity because he feared his truck might tip over.
IssueFree
Whether the commission of a crime is justifiable under the necessity defense when it is claimed to be necessary to prevent a greater harm from occurring.