State v. Warshow

While I agree with the result reached by the majority, I am unable to agree with their reasoning. As I see it, the sole issue raised by this appeal is whether the trial court erred in not allowing the defendants to present the defense of necessity.

For the purposes of this concurrence I briefly restate the relevant factual background. The convictions under review arose out of a peaceful anti-nuclear demonstration conducted on the property of Vermont Yankee Nuclear Power Station in Vernon on October 8, 1977. Although the power station had been shut down for six to eight weeks prior to the…