· 4/1/1982
Commonwealth v. Brugmann
Citations
- 433 N.E.2d 457
- 13 Mass. App. Ct. 373
- 1982 Mass. App. LEXIS 1265
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- insufficient showing that there were no alternatives or that pursuit of them would be futile
- insufficient showing that there were no alternatives or that pursuit of them would be futile
- “it is up to the defendant to make himself aware of any available lawful alternatives, ‘or show them to be futile in the circumstances’ ”
- trespass would automatically close down nuclear power plant, thereby stopping alleged radiation leaks
- trespass would automatically close down nuclear power plant, thereby stopping alleged radiation leaks
- “At [the] root [of the necessity defense] is an appreciation that there may be circumstances where the value protected by the law is, as a matter of public policy, eclipsed by a superseding value which makes it inappropriate and unjust to apply the usual criminal rule”
Source: CourtListener parenthetical corpus (CC0).
Judges: Armstrong, Greaney, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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