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McGEE v. STATE

No. S-11611.

162 P.3d 1251 (2007)

Christian McGEE, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

July 27, 2007.

Attorney(s) appearing for the Case

Colleen A. Libbey, Libbey Law Offices, Anchorage, for Petitioner.

John A. Scukanec, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez, Attorney General, Juneau, for Respondent.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, and FABE, Justices.

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

Christian McGee was charged with criminal mischief for smashing out the windows of a truck belonging to Wesley Alexander. McGee contended at trial that he broke the windows to protect himself from being run over by Alexander. The Alaska Criminal Code recognizes the defense of necessity but generally treats it as an affirmative defense, which gives the defendant the burden of proving...

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