· 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 CourtListenerSourced 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.