This section contains the nature of the case and procedural background.

Capitolo (D) and others trespassed on the property of a nuclear power company to protest the danger of nuclear power. They were charged with criminal trespass. They claimed the defense of necessity. At trial, they wanted to present expert testimony that the low level of radiation from the plant was a danger and that no other alternative but trespass would eliminate that danger. That evidence was refused. D was permitted to testify to his own beliefs about the radiation, but the defense of necessity was not given to the jury. D was convicted. D appealed, and the court of appeals reversed. The Commonwealth (P) appealed.

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