STATE v. BRECHON

No. C2-83-1696.

352 N.W.2d 745 (1984)

STATE of Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al., petitioners, Appellants.

Supreme Court of Minnesota.

August 3, 1984.


Attorney(s) appearing for the Case

Mark S. Wernick, Linda Gallant, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants.

Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. Minneapolis City Atty., Minneapolis, for respondent.

Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation.

Heard, considered and decided by the court en banc.


TODD, Justice.

Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. The state also sought to preclude defendants from asserting a "claim of right" defense. The trial court ruled that the state had the burden of disproving "claim of right" and that defendants...

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