State v. Higgins
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The Supreme Court affirmed the jury verdict and subsequent judgment and sentence issued by the district court convicting Defendant of misdemeanor criminal trespass and felony criminal mischief resulting from Defendant unlawfully entering a pipeline facility and damaging the pipeline's property, holding that the district court did not err in its rulings.
Specifically, the Supreme Court held that the district court (1) did not err in denying Defendant's request to assert the common law defense of necessity or in refusing Defendant's necessity defense instructions because the common law defense of necessity was not available to Defendant under the circumstances of this case; (2) did not err in denying Defendant's motion for directed verdict as to the criminal mischief charge; and (3) did not err in ordering restitution in the amount of $3,755.47.
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