City of Fargo v. Nikle

Citations

• 2019 ND 79
• 924 N.W.2d 388

Syllabus

An affirmative defense jury instruction will only be given if there is evidence to support it. A district court does not abuse its discretion by denying a requested jury instruction on the affirmative defense of necessity when the proponent of the instruction fails to present evidence on one of the elements of the necessity defense. The necessity defense has not yet been recognized or precluded in a criminal case by this Court.