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STATE v. NELSON

No. 01-008.

36 P.3d 405 (2001)

2001 MT 236

STATE of Montana, Plaintiff and Respondent, v. Michael NELSON, Defendant and Appellant.

Supreme Court of Montana.

Decided November 30, 2001.

Attorney(s) appearing for the Case

For Appellant: Lucas J. Foust, Foust Law Office, Bozeman, MT.

For Respondent: Hon. Mike McGrath, Attorney General; Mark W. Mattioli, Assistant Attorney General, Helena, MT, Marty Lambert, Gallatin County Attorney; Todd Whipple, Deputy County Attorney, Bozeman, MT.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 On September 28, 2000, a jury found Michael Nelson guilty of Driving or Being in Actual Physical Custody of a Motor Vehicle while under the influence of alcohol. Nelson appeals.

¶ 2 The following issue is dispositive:

¶ 3 Whether the District Court erred by failing to instruct the jury as to the defense of necessity?

BACKGROUND

¶ 4 Early in the morning...

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