State v. Warshow

This is an appeal from convictions for unlawful trespass under 13 V.S.A. § 3705. The sole issue before the Court is whether the trial court erred in excluding evidence on the defense of necessity at trial on the offer of proof made by the defendants at the preliminary hearing and at the trial.

The defendants, appearing pro se, made an offer of proof detailing the elements of the defense of necessity. The trial judge did not rule on the sufficiency of the offer, but excluded the offered evidence, stating that “the Court does not view it as a justification or a defense as the act as alleged…