U.S. v. CLARK

Nos. 88-7-01-CR-3, 88-7-02-CR-3.

704 F.Supp. 627 (1988)

UNITED STATES of America, Plaintiff, v. John Edward CLARK, a/k/a Eddie Hatcher; and Timothy Bryan Jacobs, Defendants.

United States District Court, E.D. North Carolina, Fayetteville Division.

September 21, 1988.


Attorney(s) appearing for the Case

John S. Bruce, Asst. U.S. Atty., Raleigh, N.C., for plaintiff.

William M. Kunstler, New York City, for Eddie Hatcher.

F. Lewis Pitts, Chapel Hill, N.C., for Timothy Bryan Jacobs.


TERRENCE WILLIAM BOYLE, District Judge.

This matter comes before the court on the United States' motion in limine on defense of necessity. This motion requests that the court exclude all evidence in this case pertaining to the defendants' necessity defense. For the reasons set forth below, the court denies that motion as untimely.

Both parties correctly point out that the necessity defense has a long-standing tradition in Anglo-American law. The propriety...

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