Commonwealth v. Schuchardt

After a first instance jury trial in the District Court, the defendants were convicted of criminal trespass and of wantonly destroying or injuring property. On appeal, the defendants argue that the trial judge erred by excluding certain expert testimony in support of their intended defense of justification by necessity, by instructing the jury to disregard other admitted testimony that bore on the necessity defense, by refusing to instruct the jury on the defense of necessity, and by charging the jury that wanton destruction of, or injury to, property is a lesser included offense of the crime…