State v. Warshow
Supreme Court of Vermont
410 A.2d 1000 (1980)
Relevant factsFree
Warshow (defendant) was one of several demonstrators arrested for unlawful trespass after refusing to leave the property of a nuclear power plant they were trying to keep from reopening following repairs. The trial court refused to let Warshow present a necessity defense based on evidence of low-level radiation, nuclear waste, and the risk of a nuclear accident, and also declined to instruct the jury on necessity. Warshow was convicted and appealed.
IssueFree
Whether a defense of necessity requires proof of a danger that is immediate, serious, and reasonably likely to occur.