Section 14.115 Necessity

• Library: Criminal Practice 2012 Supp

b. (§14.115) Necessity

In State v. Rentschler, 444 S.W.2d 453 (Mo. 1969), the defendant claimed he feigned an escape attempt to be transferred from the conditions of the institution. These contentions were held not to be defenses. See State v. Haddix, 566 S.W.2d 266 (Mo. App. W.D. 1978); see also State v. King, 372 S.W.2d 857 (Mo. 1963). But see Judge Seiler’s dissent in State v. Green, 470 S.W.2d 565 (Mo. banc 1971), cert. denied, 405 U.S. 1073 (1972). State v. Simmons, 861 S.W.2d 128 (Mo. App. E.D. 1993), sets forth the elements of the defense of justifiable emergency or necessity, which include the...