· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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