Perrin v. State

OPINION

STEWART, Judge.

In Gerlach v. State,1 we upheld the superi- or court's refusal to instruct the jury on Gerlach's claimed necessity defense to a charge of first-degree custodial interference.2 In this case, on the eve of trial, the State ' moved to bar Ronn B. Perrin from presenting a necessity defense relying on Gerlach. Perrin disclaimed any reliance on the affirmative defense of necessity; even so, the superior court requested a summary of Per-rin's defense.

After hearing the summary, the court reasoned that Perrin's proffered testimony was a necessity defense and announced that…