State v. Soule

[¶ 1] Jeffrey Soule appeals from the judgment of conviction for aggravated criminal trespass (Class C), 17-A M.R.S.A. § 402-A (Supp.2000), 1 entered in the Superior Court (Waldo County, Pierson, J.) after a jury trial. He contends the trial court erred when it refused to instruct the jury on the defense of competing harms. 2 We agree and vacate the judgment.

I. FACTS AND PROCEDURE

[¶ 2] On the weekend of October 23-24, 1999, Soule, Soule’s then-girlfriend Jeanette Perry, and a number of children were vacationing at the Soule family camp located on Millstone Island in Big Lake St. George in…