COMMONWEALTH v. SCHUCHARDT


408 Mass. 347 (1990)

557 N.E.2d 1380

COMMONWEALTH vs. JOHN SCHUCHARDT & others.

Supreme Judicial Court of Massachusetts, Middlesex.

August 15, 1990.


Attorney(s) appearing for the Case

Robert LeRoux Hernandez (Richard B. Klibaner with him) for the defendants.

Sanford Kreisberg, Assistant District Attorney, for the Commonwealth.

Present: LIACOS, C.J., ABRAMS, NOLAN, O'CONNOR, & GREANEY, JJ.


O'CONNOR, J.

After a first instance jury trial in the District Court, the defendants were convicted of criminal trespass and of wantonly destroying or injuring property. On appeal, the defendants argue that the trial judge erred by excluding certain expert testimony in support of their intended defense of justification by necessity, by instructing the jury to disregard other admitted testimony that bore on the necessity defense, by refusing to instruct the jury on...

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