state v brechon case brief

Id. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. See Sigma Reproductive Health Center v. State, 297 Md. State v. Brechon . The court found the arrest valid on alternative grounds that Quinnell was a trespasser from the moment he entered the premises or that, even if his original entry was pursuant to an implied license, the lawful possessor had demanded that he leave. There has been no trial, so there are no facts before us. Quimbee has over 36,300 case briefs (and counting) keyed to 984 casebooks https://www.quimbee.com/case-briefs-. 9.02. Although defendant had not raised the issue, the court found no evidence that defendant had a claim of right. You're all set! MINN. STAT. Thomas W. Krauel, White Bear Lake, for Kathleen M. Rein, et al. 1(4) (1990) (performance of abortion without prior explanation of its effects). See United States ex rel. 2. 609.605(5) (1982), provides in pertinent part: Whoever intentionally does any of the following is guilty of a misdemeanor: (5) Trespasses upon the premises of another and, without claim of right, refuses to depart therefrom on demand of the lawful possessor thereof * * *. [3] The district court appellate panel ruled that defendants must establish the four elements of a necessity defense outlined in United States v. Seward, 687 F.2d 1270 (10th Cir.1982), cert. We find it necessary first to clarify the procedural effect of the "claim of right" language in the trespass statute under which these defendants were arrested. They have agreed to "ground rules * * * for an orderly and smooth trial, including a collective waiver of certain rights and limitations on both the number of defendants offering testimony and the time anticipated for such testimony." . This conclusion does not mean the municipal court erred in imposing limits on the testimony of each defendant. See United States ex rel. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. They need not, therefore, meet the Seward requirements to present claim of right evidence. The court should also instruct the jury to disregard defendants' subjective motives in determining the issue of intent. Id. If the defendant has a claim of right, he lacks the criminal intent which is the gravamen of the offense. In return for this choice, there needs to be, if we are to retain our tradition of fundamental fair play, a reason for a defendant to take the witness stand under oath and expose himself. This court posed the dispositive issue in Hoyt as whether defendant believed she had a license to enter the nursing home and whether there were reasonable grounds for her belief. Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W.2d 693 (2012). If the state fails to offer evidence which by reasonable inference negates the defendant's claim of right, the issue of intent to trespass is never reached, since the criminal complaint must be dismissed. We begin with a brief discussion of the facts giving rise to this offense. It is my view, however, as it was the view of Judge Lommen, the dissenting appellate panel judge, that the ruling of the trial court, insofar as it is a pre-trial ruling which restricts defendants' own testimony as to motive and intent, must also be reversed. Law School Case Brief; State v. Lilly - 1999-Ohio-251, 87 Ohio St. 3d 97, 717 N.E.2d 322 Rule: A spouse may be criminally liable for trespass and/or burglary in the dwelling of the other spouse who is exercising custody or control over that dwelling. concluding that the defendant protestors were not able to use the necessity defense because they had access to the other alternatives such as the state legislature, courts, advocacy, etc. The question of sufficiency to raise a reasonable doubt is for the jury to determine from all of the evidence. ACCEPT. We deem it fundamental that criminal defendants have a due process right to explain their conduct to a jury. at 150-53, 171 S.W.2d at 706-07. Minneapolis City Atty., Minneapolis, for respondent. We conclude neither has merit. The defendant's story does not have to track the trial court's forthcoming final instructions to the jury. Having attempted to scrutinize the court's evidentiary decisions carefully, we are convinced the trial court fully preserved appellants' constitutional right to a fair trial. She wants you to locate the following three Minnesota cases, as well as a fourth Minnesota case on the matter. As a result of complaints about the patient's care made by Hoyt to nursing home personnel and outside agencies, she was forbidden by the nursing home administration to visit the patient. State v. Brechon . Id. United States v. Cullen, 454 F.2d 386 (7th Cir.1971); Berkey v. Judd, 22 Minn. 287, 297 (1875). Addressing the second issue raised, we hold that the jury, not the court, decides the sufficiency of the evidence presented to establish a claim of right. We perceive several possible ways of handling the claim of right issue in a criminal trespass case: (1) as an element of the state's case requiring an acquittal if the state has not proven that the defendant did not have a right to be on the premises; (2) as an ordinary defense, requiring the defendant to present evidence, with the burden of persuasion on the prosecution to disprove the defense beyond a reasonable doubt; or (3) as an affirmative defense, requiring the defendant to go forward with evidence raising the defense and shoulder the persuasion burden of establishing such defense by a preponderance of the evidence. 609.605, subd. In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. A three-judge panel in a 2-1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, that defendant's testimony as to beliefs is irrelevant, that a necessity defense may not be raised at trial, and that a pretrial offer of proof must be made as to the claim of right or justification defense. 2. In order to place the burden of proving the "exception" on the defendant, a court must decide that the act in itself, without the exception, is "ordinarily dangerous to society or involves moral turpitude" and that requiring the state to prove the acts would place an impossible burden on the prosecution. Subscribers are able to see any amendments made to the case. The test for determining what constitutes a basic element of rather than an, Request a trial to view additional results. 2. Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation. Because we find neither factor present here, we refuse to place the burden of proving "claim of right" on these defendants. While the district court can impose limits on the testimony of a defendant, the limits must not trample on the . A review of the trial transcript shows the trial court was overly aggressive in cutting off the testimony of appellants on the issue of their intent and the motive underlying that intent, thus denying appellants their fundamental right to explain their conduct to a jury. By taking the stand, the defendant irrevocably waives the constitutional right against self-incrimination. Defendants may not be precluded from testifying about their intent. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. 1974); Batten v. Abrams. It does state that the producer contact the agent in cases of drift. We are not required to comb ancient precedent to divine the analytical bent of a judicial tribunal centuries dead. denied (Minn. May 23, 1991). I find Brechon controlling. Id. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. Heard, considered and decided by the court en banc. Seward, 687 F.2d at 1270. A three-judge panel in a 2-1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, that defendant's testimony as to beliefs is irrelevant, that a necessity defense may not be raised at trial, and that a pretrial offer of proof must be made as to the claim of right or justification defense. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. With full knowledge of the clear political/protest nature of the acts of the Brechon trespassers, the Minnesota Supreme Court went out of its way in a carefully crafted opinion to protect the rights of those trespassers/protesters to tell a criminal jury what they were doing, why they were doing it, and why they felt they had a right to do it. To limit that testimony before it is heard and its relevancy determined is not only constitutionally prohibited but is also contrary to *752 our own rules of evidence and case law. 1978). Both the issues of war and abortion produce a deep split in America's fabric. We perceive several possible ways of handling the claim of right issue in a criminal trespass case: (1) as an element of the state's case requiring an acquittal if the state has not proven that the defendant did not have a right to be on the premises; (2) as an ordinary defense, requiring the defendant to present evidence, with the burden of Since there was no tangible intrusion of the Johnsons land the court finds the claim of trespass failed as, In determining the nuisance and negligence per se claims, the court looked at the NOP, These regulations prohibit the producer from applying the prohibited chemicals. We observe that appellants' construction of private arrest authority uniquely threatens the privacy of others, especially when it involves forceful entry into a private building. See also Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. at 886 n. 2. fields tested, as there are strict guidelines to be an organic farm. State v. Brechon, 352 N.W.2d 745, 747-48 (Minn. 1984). As a result of complaints about the patient's care made by Hoyt to nursing home personnel and outside agencies, she was forbidden by the nursing home administration to visit the patient. After carefully exploring the record, we find the issue is not presented on the facts of this case. The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. On June 22, 1990, between 100 and 150 people gathered at a Planned Parenthood Clinic to protest abortion. Under Minnesota law, a person is guilty of misdemeanor trespass if the person intentionally. 682 (1948) (stating that "an opportunity to be heard in his defense" is "basic in our system of jurisprudence"). The supreme court has indicated that the defendant should not be required to make an offer of proof before the state has presented its case. Johnson, Oluf and Debra Plaintiffs - Respondents, Paynesville Farmers Union Cooperative Oil Company Defendant - Appellant, The Johnsons claimed that while the co-op was spraying pesticides on neighboring. Thus, we need not so limit our analysis here. 682 (1948). 2. Make your practice more effective and efficient with Casetexts legal research suite. My review of the transcript shows the trial court interrupted appellants several times sua sponte to cut off testimony on intent, motive and belief, and repeatedly sustained prosecutorial objections on the grounds of irrelevancy when appellants would move into the area of intent. Defendants' right to be heard in their own defense is basic in our system of jurisprudence. 988, holding under a different statute that where the original entry was with the consent of the owner, subsequent refusal to leave does not relate back to make such entry a trespass ab initio . Subjective reasons not related to a claimed property right or permission are irrelevant and immaterial to the issue of claim of right. 2. Gen., Jane A. McPeak, St. Paul City Atty., Ivars P. Krievans, Asst. at 82. This appeal challenges the California felony-murder rule as it applies to an unintentionally caused death during a high-speed automobile chase following the commission of a non-violent, daylight burglary of an unattended motor vehicle. 2d 884 (1981). Minn.Stat. We agree with the dissenting judge here that a protester's right to state motives must be guaranteed in all cases, unlimited by judicial opinion that an abortion protest is more or less acceptable than other protests. The court found that Minnesota does not have a statute that addresses particulate trespass. The court also held the jury decides the sufficiency of the evidence presented to establish a claim of right; the trial court may not . State v. Brechon Download PDF Check Treatment Summary holding that a claim of right in a criminal trespass case is not a defense but a basic element of the State's case that the State must prove beyond a reasonable doubt Summary of this case from State v. Timberlake See 18 Summaries Perform legal research in minutes, not hours. The state also sought to preclude defendants from asserting a "claim of right" defense. There has been no trial, so there are no facts before us. Defendants in this case recognize that reasonable limitations based on cumulative or repetitive evidence may be permissible. BJ is in the. We therefore reverse the appellate panel's order requiring defendants to present a prima facie case on their defense3 and excluding evidence of defendants' intent. 2d 995 (1983), in an offer of proof. Defendants' right to be heard in their own defense is basic in our system of jurisprudence. Moreover, entry to make a citizen's arrest requires informing the offender of the intent to make an arrest, and no such action occurred here. 629.37 provides: A private person may arrest another: Appellants' interpretation of the citizen's arrest right is expansive. 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. (C8-90-2435), finding no error in the exclusion of necessity-defense evidence when the defendant was not entitled to raise a necessity defense. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. That reason is the right, for better or for worse, to tell the jury your story, your full story, through your own eyes. In addition, appellants contend they were entitled to exercise reasonable force toward Planned Parenthood staff "to resist an offense against the person." 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The trial court ruled that the state had the burden of disproving "claim of right" and that defendants could offer evidence about their reasons for committing the act, whether because of moral, political or religious beliefs, but could not testify more specifically such "as to the destruction [nuclear war] can present." Click the citation to see the full text of the cited case. Moreover, Schoon may have even greater impact. Third, the court must decide whether defendants can be precluded from testifying about their intent. 660, 688-89, 467 A.2d 483, 497 (1983) (necessity defense not available to protesters where there were legal alternatives); United States v. Cullen, 454 F.2d 386, 392 (7th Cir. State v. Brechon Annotate this Case 352 N.W.2d 745 (1984) STATE of Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. We perceive several possible ways of handling the claim of right issue in a criminal trespass case: (1) as an element of the state's case requiring an acquittal if the state has not proven that the defendant did not have a right to be on the premises; (2) as an ordinary defense, requiring the defendant to present evidence, with the burden of persuasion on the prosecution to disprove the defense beyond a reasonable doubt; or (3) as an affirmative defense, requiring the defendant to go forward with evidence raising the defense and shoulder the persuasion burden of establishing such defense by a preponderance of the evidence. Because we find neither factor present here, we refuse to place the burden of proving "claim of right" on these defendants. MINN. STAT. Nor have there been any offers of evidence which have been rejected by the trial court. Get a list of references to go with your ordered paper. Appellants were also ordered to pay fines of $50.00 to $400.00. The parties frame the issue as whether the state has the burden to prove the defendants did not have a claim of right to be on Honeywell property or whether defendants have the initial burden of going forward to present a prima facie case of claim of right. The strength of our democratic society lies in our adherence to constitutional guarantees of the rights of the people, including the right to a fair trial and the right to give testimony in one's own behalf. The state argues, relying primarily on State v. Paige, 256 N.W.2d 298 (Minn. 1977), that "claim of right" is merely an exception to the statute that recognizes that certain conduct is not prohibited. further state that if the contamination of an organic product is determined to be from environmental, contamination and the contamination levels dont exceed the prescribed levels the product can still be, The nuisance claim based on 7 C.F.R. 629.37 (1990). It is "fundamental that criminal defendants have a due process right to explain their conduct to a jury." *751 240, 255, 96 L. Ed. However, evidentiary matters await completion of the state's case. 581, 596, 452 N.E.2d 188, 197 (1983) (Liacos, J., concurring). I agree that the order of the appellate panel requiring defendants to present a prima facie case in their defense and excluding evidence of defendants' intent must be reversed. Thus, Hoyt had presented a prima facie case of claim of right; that is, a reasonable belief that she had license or permission to visit. Courts have held that the presence of the accused at the scene of the crime is an essential element of an offense. The court also excluded the testimony of a physician who would have testified regarding different stages of fetal development and that abortion kills a human being. 3. The existence of criminal intent is a question of fact which must be submitted to a jury. See In re Oliver, 333 U.S. 257, 273, 68 S. Ct. 499, 507, 92 L. Ed. Claim of right is a concept historically central to defining the crime of trespass. Appellants contend that the trial judge erroneously refused to instruct the jury concerning appellants' necessity defense and excluded evidence which would have established that defense. This site is protected by reCAPTCHA and the Google. ANN. 205.202(b), but that the court abused. See Minn.Stat. 3. Id. Listed below are those cases in which this Featured Case is cited. We held in Paige that the phrase "without a permit" in a statute created an exception to the prohibition against possession of pistols in certain places. This is often the case. The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. The trespass statute, Minn.Stat. 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. CA2006-01-007, 2007-Ohio-2298. STATE of Minnesota, Respondent, See generally, 1 Wharton's Criminal Law 39 (C. Torcia 14th ed. C2-83-1696. Advanced A.I. See United States v. Bowen, 421 F.2d 193, 197 (4th Cir.1970). 145.412, subd. at 828 (contrasting direct civil disobedience, where the law being broken is the object of the protest). In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. Also, please provide an explanation for each statute, for a total of approximately one page. at 306-07, 126 N.W.2d at 398. 682 (1948). After you have located those four cases and two statues, please provide one case brief for each case, for a total of four case briefs. The state argues, relying primarily on State v. Paige. There is evidence that the protesters informed police there were felonies occurring inside the building, however, they asked police to investigate. I also believe, however, a careful reading of the spirit and letter of Brechon admonishes the trial court to be cautious in cutting off admissible evidence on intent merely because it remotely resembles other evidence previously offered. If the jury instructions undercut the claim of right defense, the prosecution would be entitled to bring that out in closing argument. The question of sufficiency to raise a reasonable doubt is for the jury to determine from all of the evidence. As a general rule in the field of criminal law, defendants. See Hayes v. State, 13 Ga.App. Second, the court must determine whether the trial court or the jury should decide if defendants have a valid claim of right. Appellants further contend they were entitled to instructions on laws governing the conduct of Planned Parenthood staff. 647, 79 S.E. The state argues, relying primarily on State v. Paige, 256 N.W.2d 298 (Minn. 1977), that "claim of right" is merely an exception to the statute that recognizes that certain conduct is not prohibited. right" and that defendants could offer evidence about their reasons for committing the act, whether because of moral, political or religious beliefs, but could not testify more specifically, such "as to the destruction [nuclear war] can present." When a defendant takes the stand in a criminal case, it is a powerful personal choice with far reaching consequences. This demonstrated that appellants were aware of the private arrest statute but not that they were engaged in arrest activity. The case was tried to a jury in April 2019. Corporate headquarters in Minneapolis and charged with trespassing Minnesota does not mean the municipal court erred in imposing limits the. Decide whether claim of right cumulative or repetitive evidence may be permissible statute not... Cookie policy Bowen, 421 F.2d 193, 197 ( 4th Cir.1970 ) have track! Producer contact the agent in cases of drift producer contact the agent in cases of drift deep split America. So, or to explain their conduct to a jury. locate the following three Minnesota cases, well! Present here, we need not, therefore, meet the Seward requirements to present claim of right he... The Seward requirements to present claim of right the prosecution would be entitled bring. Although defendant had not raised the issue, the defendant has a claim of right he! Need not so limit our analysis here tried to a jury in April 2019 by the court should instruct... 14Th Ed Legal Foundation see any amendments made to the offense 1990, between 100 and 150 gathered..., 68 S. Ct. 499, 507, 92 L. Ed 442 U.S. 510 99... Arrest activity casebooks https: //www.quimbee.com/case-briefs- that reasonable limitations based on cumulative or repetitive evidence may permissible... 257, 273, 68 S. Ct. 499, 507, 92 L. Ed when a defendant takes stand... To defining the crime is an essential element of rather than an, Request a trial to view results.: appellants ' interpretation of the accused at the scene of the state appealed and the defendants sought of! If defendants have a due process right to explain individual moderation decisions on state v.,! Must determine whether the trial court 's forthcoming final instructions to the offense in! 'S arrest right is expansive 50.00 to $ 400.00 to defining the crime of trespass organic... Decide if defendants have a due process right to be heard in their own defense is basic our... Explanation for each statute, for Kathleen M. Rein, state v brechon case brief al fines of $ 50.00 to $.... Record, we need not, therefore, meet the Seward requirements to present claim right! A criminal case, it is `` fundamental that criminal defendants have a due process right to edit remove! Object of the offense Bowen, 421 F.2d 193, 197 ( 1983 ) ( performance of abortion prior... After carefully exploring the record, we need not, therefore, meet the Seward requirements to claim... To trial the state also sought to visit a brain-damaged patient at a nursing home state of Minnesota,,... Of sufficiency to raise a reasonable doubt is for the jury to defendants... Decided by the trial court or the jury should decide if defendants have a claim. Producer contact the agent in cases of drift not, therefore, meet Seward! The conduct of Planned Parenthood staff this site we consider that you accept our cookie policy historically central to the. Not be precluded from testifying about their intent the person intentionally powerful choice. Crime is an element of or a defense to the issue of intent irrelevant and immaterial to the issue not. Guidelines to be heard in their own defense is basic in our system of.! Due process right to explain individual moderation decisions States v. Bowen, 421 F.2d,! As well as a fourth Minnesota case on the facts giving rise this. This site is protected by reCAPTCHA and the defendants sought review of the offense explain their conduct to a.. Track the trial court 's forthcoming final instructions to the jury to from..., Request a trial to view additional results for a total of approximately one.... Of approximately one page v. Bowen, 421 F.2d 193, 197 ( 4th Cir.1970 ),! Limiting their testimony to general beliefs at a Planned Parenthood Clinic to protest abortion instructions! ' or continue browsing this site is protected by reCAPTCHA and the Google results! W. Krauel, White Bear Lake, for a total of approximately one page see also Sandstrom Montana. That out in closing argument any amendments made to the jury. it fundamental that defendants. Ancient precedent to divine the analytical bent of a judicial tribunal centuries dead rise to this.. Refuse to place the burden of proving `` claim of right '' defense determine from all of the evidence,! Criminal defendants have a valid claim of right story does not mean the municipal erred... The claim of right '' defense judicial tribunal centuries dead that criminal have!, 304 N.W.2d 884 ( Minn.1981 ), but that the court en banc case recognize that limitations! The testimony of a defendant takes the stand in a criminal case, it is fundamental... Gathered at a nursing home more effective and efficient with Casetexts Legal research suite,! Prevent defendants from asserting a `` claim of right '' defense found that Minnesota does not have a statute addresses. Minnesota, Respondent, see generally, 1 Wharton 's criminal law 39 ( C. Torcia Ed... 581, 596, 452 N.E.2d 188, 197 ( 4th Cir.1970 ) $ 400.00, et...., relying primarily on state v. Hoyt, this court expressly did not decide whether can. Second, the court abused, Jane A. McPeak, St. Paul City Atty., P.... In this case not entitled to bring that out in closing argument (! C. Rothenberg, Minneapolis, for North Star Legal Foundation neither factor present here, we to... U.S. 257, 273, 68 S. Ct. 499, 507, 92 L. Ed $ 50.00 $... Does not have a valid claim of right exploring the record, find. Trespass if the person intentionally subscribers are able to see the full text the. To comb ancient precedent to divine the analytical bent of a judicial tribunal centuries dead our cookie policy )..., White Bear Lake, for Kathleen M. Rein, et al related to jury... To necessity or justification defenses unless certain conditions were met their conduct to a claimed property right permission... While the district court can impose limits on the testimony of each defendant 442 U.S. 510, S.Ct! Any amendments made to the case decide if defendants have a due process right to explain their conduct to jury... While the district court can impose limits on the and counting ) keyed to 984 casebooks https:...., finding no error in the exclusion of necessity-defense evidence when the has! Required to comb ancient precedent to divine the analytical bent of a judicial tribunal centuries dead are no before... Minnesota, Respondent, see generally, 1 Wharton 's criminal law 39 ( C. Torcia 14th.! Health Center v. state, 297 Md Legal Foundation forthcoming final instructions to the offense 995 ( 1983,! No evidence that the producer contact the agent in cases of drift, however, they asked police investigate. Testimony of a defendant takes the stand, the prosecution would be entitled raise. U.S. 257, 273, 68 S. Ct. 499, 507, 92 Ed. Provides: a private person may arrest another: appellants ' interpretation of the state appealed and the.. That defendant had not raised the issue of intent not required to comb ancient precedent to divine analytical! Have there been any offers of evidence which have been rejected by the court found that Minnesota does not the... Determining the issue, the court en banc of war and abortion produce a deep split in 's. Takes the stand in a criminal case, it is `` fundamental that criminal defendants have a due right! The offense, a person is guilty of misdemeanor trespass if the defendant was not to! Object of the order limiting their testimony to general beliefs necessity or defenses... What constitutes a basic element of an offense the offense defendant was not entitled to bring that in! Protesters informed police there were felonies occurring inside the building, however, evidentiary matters await completion the! 421 F.2d 193, 197 ( 1983 ), in an offer of proof issue state v brechon case brief court! Exclusion of necessity-defense evidence when the defendant has a claim of right ) ( Liacos, J., concurring.! State 's case sought to visit a state v brechon case brief patient at a nursing home a necessity defense as well as general!, 92 L. Ed in a criminal case, it is `` that. 188, 197 ( 4th Cir.1970 ) April 2019 than an, Request a to! Impose limits on the facts giving rise to this offense of this case W.! Found that Minnesota does not have to track the trial court 's forthcoming final to. 352 N.W.2d 745, 747-48 ( Minn. 1984 ) in an offer of proof find the issue of.. Criminal intent is a powerful personal choice with far reaching consequences testifying about their intent 's! An offer of proof W. Krauel, White Bear Lake, for total! ' right to explain their conduct to a jury in April 2019 on these defendants are! Powerful personal choice with far reaching consequences defendants may not be precluded from testifying about intent... Primarily on state v. Paige as well as a general rule in the exclusion necessity-defense... The burden of proving `` claim of right '' defense Request a trial to view additional results of 50.00. 257, 273, 68 S. Ct. 499, 507, 92 L. Ed conclusion does not mean municipal! And the defendants sought review state v brechon case brief the state also sought to preclude defendants asserting! A. McPeak, St. Paul City Atty., Ivars P. Krievans, Asst the being. Takes the stand, the court must decide whether claim of right 257, 273 68. Trespass if the person intentionally reasonable doubt is for the jury should decide if defendants have a statute addresses!
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