State v. Harkness

This is an appeal from the Huron County Court of Common Pleas, which, following a jury verdict, found appellant guilty of escape in violation of R.C. 2921.34. Because we find the trial court improperly refused to instruct the jury on the affirmative defense of necessity raised by appellant, we vacate the trial court’s judgment and remand.

Appellant, Anthony Charles Harkness, was recruited by the Norwalk Police Department’s Drug Task Force to serve as an undercover drug informant. The targets of the investigation were two suspected drug dealers. One of the suspects was considered potentially…