McGee v. State

I agree with today's holding that the state had the burden to prove beyond a reasonable doubt that McGee lacked any reasonable ground to believe his act was justified. I nonetheless dissent because the facts viewed most favorably to him did not support a necessity defense. The superior court's error as to the burden of proving the defense was therefore harmless.

The elements of necessity are: "1) the act charged must have been done to prevent a significant evil; 2) there must have been no adequate alternative; 3) the harm caused must not have been disproportionate to the *1264harm avoided." 1 As…