STATE v. HORN

No. 5901.

566 P.2d 1378 (1977)

STATE of Hawaii, Plaintiff-Appellee, v. Glenn Kalani HORN, Larry James Ortiz, and Delbert Kaahanui Wakinekona, Defendants-Appellants.

Supreme Court of Hawaii.

August 5, 1977.


Attorney(s) appearing for the Case

Mitchell J. Werth, Deputy Public Defender, Honolulu, for defendants-appellants.

Cora K. Lum, Deputy Prosecuting Atty., Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.


PER CURIAM.

The defendants, Horn and Ortiz, were indicted and convicted by a jury of the crime of escape in the second degree (HRS § 710-1021). They appeal from the judgment and sentence of the circuit court.

We are called upon to decide whether and to what extent the "choice of evils" or "necessity" defense (HRS § 703-302) is available to the accused in escape situations. We hold that the defense is available to the escapee provided certain conditions...

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