State v. Schmaltz
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The Supreme Court affirmed Defendant's conviction of leaving the scene of an injury accident, holding that the district court did not err in failing to give Defendant's requested instruction regarding the choice of evils defense or in failing to grant a mistrial on the basis of prosecutorial misconduct.
During trial, Defendant argued that leaving the scene of the collision was justified because he had to unload the cattle he had been hauling in order to avoid loss of or injury to the cattle. The trial court declined to instruct the jury as to the choice of evils defense, concluding that it was inapplicable. The Supreme Court affirmed, holding (1) the choice of evils justification was inapplicable in this case; and (2) the district court did not abuse its discretion in denying Defendant's motion for mistrial.
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