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· 12/11/1974

People v. Lovercamp

Citations

  • 43 Cal. App. 3d 823
  • 118 Cal. Rptr. 110
  • 69 A.L.R. 3d 668
  • 1974 Cal. App. LEXIS 1359

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that necessity is possible defense to charge of escape from prison
  • holding that necessity is possible defense to charge of escape from prison
  • requiring evidence that “[t]here is no time for a complaint to the authorities or there exists a history of futile complaints which make any result from such complaints illusory; . . . [and] [t]here is no time or opportunity to resort to the courts”
  • under certain circumstances, necessity defense based upon threats of forcible sodomy may be raised in prosecution of prisoner on escape charges
  • duress defense permitted where inmates escaped to avoid forcible sexual attack by fellow inmates; all four requirements met
  • to receive necessity instruction for escape, defendant must immediately report to authorities upon reaching position of safety

Source: CourtListener parenthetical corpus (CC0).

Judges: Gardner

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.