Flowers v. State

ON WRIT OF CERTIORARI

DICKINSON, Justice,

for the Court:

¶ 1. The defendant in this house-burglary prosecution testified that someone was trying to shoot him, so he ran to a house, broke in, and hid. The trial court refused his request to instruct the jury on the defense of necessity, the jury found him guilty, and the Court of Appeals affirmed.1 *912We find that Flowers’s testimony was sufficient to entitle him to the instruction, so we reverse and remand for a new trial.

BACKGROUND

¶ 2. A neighbor who saw Flowers breaking into a house grabbed a hunting rifle, ran to the scene, and held Flowers…