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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.