State v. Hudgins

GEER, Judge.

Defendant Milas Kennedy Hudgins appeals from his conviction of habitual driving while impaired and driving while license revoked. Because the evidence at trial supported an instruction on the defense of necessity, we hold that the trial court erred in failing to give such an instruction. We accordingly reverse defendant’s convictions and remand for a new trial.

Facts

The State’s evidence tended to show the following. In the early evening hours on 3 September 2002, Joe Austin and a friend were standing next to Austin’s house when they heard “something coming off the hill real fast”…