COMMONWEALTH v. AVERILL


12 Mass. App. Ct. 260 (1981)

423 N.E.2d 6

COMMONWEALTH vs. ELIZABETH AVERILL & others.

Appeals Court of Massachusetts, Plymouth.

July 15, 1981.


Attorney(s) appearing for the Case

Benjamin Hiller for the defendants.

Rosemary Ford, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, ROSE, & KASS, JJ.


KASS, J.

To charges of trespass (G.L.c. 266, § 120), the defendants raised the ancient (see the Book of Jonah, but contrast The Queen v. Dudley & Stephens, 14 Q.B.D. 273 [1884]) defense of necessity. Shortly after the beginning of the fourth day of trial, a Superior Court judge ruled that the defense of necessity was "unavailable to the defendants in the circumstances of this case" and that the evidence of the defendants' "belief as to the dangers...

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