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Stodghill v. State

892 So. 2d 236 (2005)

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Stodghill v. State

Mississippi Supreme Court

892 So. 2d 236 (2005)

Facts

George Stodghill (defendant) and his girlfriend, Carla Kenny, were on vacation at a secluded cabin with Stodghill’s children and their spouses. One evening, Kenny developed seizure-like symptoms. Stodghill’s daughter, Hope Armstrong, called for an ambulance but initially had difficulty communicating the cabin’s location due to poor reception. Believing that an ambulance was not coming, Stodghill decided to drive Kenny to the hospital. However, Stodghill had consumed three drinks that evening and was pulled over by a state trooper. The state trooper called an ambulance for Kenny and arrested Stodghill for driving under the influence. Armstrong and her husband arrived at the scene. The state trooper observed that Armstrong and her husband did not appear to be under the influence of alcohol and permitted them to take Stodghill’s car and continue to the hospital. Stodghill was charged with and convicted of driving under the influence. Stodghill moved for a new trial, arguing that his offense was excused by necessity. The Amite County Circuit Court rejected the necessity defense, finding that Stodghill failed to exhaust all possible alternatives before driving under the influence. The court of appeals reversed. The prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (Waller, J.)

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