SEIBOLD v. STATE

No. 1593.

959 P.2d 780 (1998)

Dean SEIBOLD, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

May 29, 1998.


Attorney(s) appearing for the Case

William R. Satterberg, Fairbanks, for Appellant.

Joseph S. Slusser, Assistant District Attorney, Harry L. Davis, District Attorney, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before COATS, C.J., and MANNHEIMER, J., and JOANNIDES, District Court Judge.


OPINION

COATS, Chief Judge.

Dean Seibold was convicted, following a jury trial, of criminal mischief in the third degree, a class A misdemeanor. AS 11.46.484. Seibold appeals his conviction to this court, arguing that District Court Judge Charles R. Pengilly erred in refusing to instruct the jury on the defense of necessity. We reverse Seibold's conviction.

On September 25, 1995, Paul Knopp was driving home to his farm near Delta Junction...

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