McMILLAN v. CITY OF JACKSON

No. 95-CA-01092-SCT.

701 So.2d 1105 (1997)

Beverly McMILLAN v. CITY OF JACKSON.

Supreme Court of Mississippi.

October 23, 1997.


Attorney(s) appearing for the Case

Stephen M. Crampton, Tupelo, for Appellant.

Mark E. McLeod, Jackson, for Appellee.

Before SULLIVAN, P.J., and PITTMAN and BANKS, JJ.


BANKS, Justice, for the Court:

¶ 1. Today, we are asked to determine whether the necessity defense is effective against the charge of trespass on the premises of an abortion clinic where the allegation is that the trespasser claims no knowledge of a specific impending act of legal harm to a person. We answer in the negative. Abortions can be lawful medical procedures, therefore, the requisite legal harm does not exist to justify criminal trespass. Thus, we affirm...

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