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STATE v. REESE

No. 61071.

272 N.W.2d 863 (1978)

STATE of Iowa, Appellee, v. Michael W. REESE, Appellant.

Supreme Court of Iowa.

December 20, 1978.

Attorney(s) appearing for the Case

Gordon M. Liles and Kent Hutcheson, Fort Madison, for appellant.

Richard C. Turner, Atty. Gen., J. E. Tobey, III, and Ray Sullins, Asst. Attys. Gen., for appellee.

Considered en banc.

McGIVERIN, Justice.

We granted further review of a decision of the Court of Appeals reversing the trial court conviction of defendant Michael W. Reese for escape in violation of Section 745.1, The Code, 1975. The case presents issues involving the claimed defense of necessity and the burden of proof thereon. We vacate the Court of Appeals decision and affirm the trial court conviction.

Defendant was charged by county attorney's information with escape from...

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