COMMONWEALTH v. CAPITOLO 508 Pa 372, 498 A.2d 806 (1985). CASE BRIEF

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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