COMMONWEALTH V. CAPITOLO
508 Pa 372, 498 A.2d 806 (1985)
NATURE OF THE CASE: This was an appeal from a trespass conviction.
FACTS: Capitolo (D) and others trespassed on the property of a nuclear power company to
protest the danger of nuclear power. They were charged with criminal trespass. They claimed
the defense of necessity. At trial, they wanted to present expert testimony that the low
level of radiation from the plant was a danger and that no other alternative but trespass
would eliminate that danger. That evidence was refused. D was permitted to testify to his
own beliefs about the radiation but the defense of necessity was not given to the jury. D
was convicted. D appealed and the court of appeals reversed. The Commonwealth (P) appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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