CITY OF KETTERING v. BERRY

Nos. 10724, 10725, 10726, 10727, 10728, 10729, 10730 and 10731.

57 Ohio App. 3d 66 (1990)

CITY OF KETTERING, APPELLEE, v. BERRY ET AL., APPELLANTS.

Court of Appeals of Ohio, Montgomery County.

Decided July 31, 1990.


Attorney(s) appearing for the Case

John F. Blake, prosecuting attorney, for appellee.

Michael J. McDonald, for appellants.


Per Curiam.

In this case we are asked to determine the extent to which the affirmative defense of "necessity" applies to justify or excuse acts of criminal trespass committed by defendants-appellants when they entered and occupied an abortion clinic. The trial court held that the defense had no application and limited and excluded evidence and arguments relating to the affirmative defense. Appellants now argue that their purposes were relevant to the jury's...

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