COMMONWEALTH v. BRUGMANN


13 Mass. App. Ct. 373 (1982)

433 N.E.2d 457

COMMONWEALTH vs. JEB E. BRUGMANN & others.

Appeals Court of Massachusetts, Franklin.

April 1, 1982.


Attorney(s) appearing for the Case

Thomas Lesser (William C. Newman with him) for the defendants.

Stephen R. Kaplan, Assistant District Attorney, for the Commonwealth.

John F. Sherman, III, for Yankee Atomic Electric Company, amicus curiae, submitted a brief.

Present: ARMSTRONG, GREANEY, & SMITH, JJ.


GREANEY, J.

The defendants were convicted of criminal trespass under G.L.c. 266, § 120, for occupying a restricted area at a nuclear power plant. The question presented is whether the trial judge erred in ruling that the defenses of necessity, self-defense and defense of others were not available at their trial. We hold that the ruling was correct and affirm the convictions.

On June 2, 1979, twenty-one...

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