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· 2/28/1983

State v. Shotton

Citations

  • 458 A.2d 1105
  • 142 Vt. 558
  • 1983 Vt. LEXIS 435

How courts have described this case

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

  • in DWI prosecution, trial court erred in not instructing the jury on the defense of necessity
  • issue in necessity defense is whether actions were “reasonably conceived by [defendant] to have been a necessity”
  • “[I]t is not necessary for a defendant to admit that she committed a crime in order to avail herself of the defense of necessity.”
  • denial of instruction on necessity was improper where the jury could have concluded on the evidence presented that the requirements of the necessity defense were met
  • “[I]t is not necessary for a defendant to admit that she committed a crime in order to avail herself of the defense of necessity.”
  • “[T]he jury could have concluded that defendant reasonably believed she was confronted with a medical emergency . . . and that her need for treatment, as she conceived it to be, outweighed the criminal wrong of driving under the influence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Billings, Hill, Underwood, Peck, Larrow, Specally

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.