State v. Howley

McDEVITT, Chief Justice.

This is a criminal case on interlocutory appeal regarding the State’s motion in limine to disallow the defense of necessity. The State filed this interlocutory appeal, arguing that the district court erred in denying its motion in limine on the grounds that the elements for the defense of necessity were not supported by the record and transcript which have been presented, pursuant to stipulation, on appeal. We reverse the district court’s denial of the State’s motion in limine and remand.

I

BACKGROUND AND FACTS

On November 20, 1991, at approximately 8:30 p.m., Láveme…