Toops v. State
Indiana Court of Appeals
643 N.E.2d 387 (1994)

- Written by Kelli Lanski, JD
Facts
Terry Toops (defendant) was a passenger in a car when the driver panicked at the sight of police because he was a minor and had been drinking alcohol. The driver dove into the backseat, and the car careened out of control. Toops took the steering wheel to regain control of the car. Police pulled the car over and found that Toops was also drunk. Toops was convicted of operating a vehicle while intoxicated. He appealed, arguing that the trial court erred in refusing to provide the jury with his proposed jury instruction on the necessity defense.
Rule of Law
Issue
Holding and Reasoning (Rucker, J.)
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