Seibold v. State

OPINION

COATS, Chief Judge.

Dean Seibold was convicted, following a jury trial, of criminal mischief in the third degree, a class A misdemeanor. AS 11.46.484. Seibold appeals his conviction to this court, arguing that District Court Judge Charles R. Pengilly erred in refusing to instruct the jury on the defense of necessity. We reverse Seibold’s conviction.

On September 25, 1995, Paul Knopp was driving home to his farm near Delta Junction in his flatbed truck. Dean Seibold, a neighbor of Knopp, was on the highway behind Knopp. When Knopp slowed down to turn into his driveway, there was a…