STATE v. BOWERS

No. 23672.

962 P.2d 1023 (1998)

131 Idaho 639

STATE of Idaho, Plaintiff-Respondent, v. John Raymond BOWERS, Defendant-Appellant.

Supreme Court of Idaho, Boise, 1998 February Term.

June 24, 1998.


Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender; John C. DeFranco, Deputy Public Defender, Boise, for appellant. John C. DeFranco argued.

Alan G. Lance, Attorney General; Catherine O. Derden, Deputy Attorney General, Boise, for respondent. Catherine O. Derden argued.


SILAK, Justice.

This case involves an appeal from a ruling of the district court refusing to instruct the jury on the defense of necessity. We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

John Raymond Bowers (Bowers), an inmate at the minimum security division of the Idaho Department of Corrections, was serving a unified ten year sentence, with two years fixed and eight years indeterminate. On the night of February 12, 1996, five months before...

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