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STATE v. DORSEY

No. 78-154.

118 N.H. 844 (1978)

THE STATE OF NEW HAMPSHIRE v. COURT DORSEY.

Supreme Court of New Hampshire.

December 6, 1978.

Attorney(s) appearing for the Case

Thomas D. Rath, attorney general, and John C. Boeckeler, Richard B. McNamara, Richard B. Michaud and Peter W. Heed, assistant attorneys general, and Peter W. Mosseau, attorney, by brief, for the State.

Court Dorsey, by brief and orally, pro se.

H. Jonathan Meyer, of Concord, by brief and orally, for Civil Liberties Union, amicus curiae.

GRIMES, J.

The issue we decide in this criminal trespass case is whether the trial court erred in ruling that the statutory defense of competing harms, RSA 627:3, is not available to one charged with criminal trespass for occupying the construction site of a nuclear power plant. We hold that no error was committed.

Defendant was arrested during a mass occupation of the construction site of the Seabrook Nuclear Power Plant. He was charged with criminal trespass...

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