State v. Rome

MILLER, Justice.

In this appeal, we reverse the holding of the trial court which prevented the defendant from presenting evidence in support of a justification/necessity defense in a parental childnapping case.

FACTS

This is the second time this matter has been before us. In State v. Rome, 426 N.W.2d 19 (S.D.1988) {Rome I), we held that “the trial court committed reversible error in prohibiting the introduction of any evidence relating to [Rome’s] justifi-eation/necessity defense.” Rome I, supra at 21.

Prior to the new trial on remand, the trial judge requested that Rome make an offer of proof on…