Kettering v. Berry

In this case we are asked to determine the extent to which the affirmative defense of "necessity" applies to justify or excuse acts of criminal trespass committed by Defendants-Appellants when they entered and occupied an abortion clinic The trial court held that the defense had no application and limited and excluded evidence and arguments relating to the affirmative defense. Defendants-Appellants now argue that their purposes were relevant to .the jury's determination and that the trial court erred in its rulings. We agree with the trial court's determination and will affirm…