Legal Opinion
Commonwealth v. Averill
Massachusetts Appeals Court
Decided July 15, 1981PublishedCited by 20 opinions
1Opinion of the CourtKass, J.
To charges of trespass (G. L. c. 266, § 120), the defendants raised the ancient (see the Book of Jonah, but contrast The Queen v. Dudley & Stephens, 14 Q.B.D. 273 [1884]) defense of necessity. Shortly after the beginning of the fourth day of trial, a Superior Court judge ruled that the defense of necessity was “unavailable to the defendants in the circumstances of this case” and that the evidence of the defendants’ “belief as to the dangers of nuclear energy is inadmissible.”
On the basis of evidence received prior to that point in the proceedings, it was uncontested that on October 7, 1978, a…
2Cases cited13 opinions
- United States v. MoylanCourt of Appeals for the Fourth Circuit · 1969
- United States v. John William Simpson, AKA Brother John SimpsonCourt of Appeals for the Ninth Circuit · 1972
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1981
- Commonwealth v. MartinMassachusetts Supreme Judicial Court · 1976
- United States v. Julienne Jesse MayCourt of Appeals for the Ninth Circuit · 1980
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Commonwealth v. HoodMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. SchuchardtMassachusetts Supreme Judicial Court · 1990
- Commonwealth v. BrugmannMassachusetts Appeals Court · 1982
- Commonwealth v. O'MALLEYMassachusetts Appeals Court · 1982
- State v. DansingerSupreme Judicial Court of Maine · 1987
15 more not listed; retrieve them via the Exa API.