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People v. Archer
Rochester City Court
537 N.Y.S.2d 726 (1988)
Timothy Archer, Gerald Crawford, and 40 other people (defendants) staged a peaceful sit-in at a hospital where doctors had planned to perform nine abortions. All 42 were charged with criminal trespass and resisting arrest. During trial, the defense argued that saving the lives of unborn fetuses justified and made the protestors’ actions necessary. The prosecution (plaintiff) moved to preclude the justification defense based on necessity on the grounds that New York law and Roe v. Wade, 410 U.S. 113 (1973), had legalized early abortions. The trial judge ruled on the motion before proceeding with the rest of trial.
Rule of Law
Holding and Reasoning (Regan, J.)
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