State v. Reese

McGIVERIN, Justice.

We granted further review of a decision of the Court of Appeals reversing the trial court conviction of defendant Michael W. Reese for escape in violation of Section 745.1, The Code, 1975. The case presents issues involving the claimed defense of necessity and the burden of proof thereon. We vacate the Court of Appeals decision and affirm the trial court conviction.

Defendant was charged by county attorney’s information with escape from the Iowa State Penitentiary, Ft. Madison. He organized the escape and departed with other inmates from inside the penitentiary without…