context: The trial court concluded that permitting deadly force to protect the commission of a felony in one's home would establish a "lower standard" for self-defense than set forth in Boyce. But the trial court's deletion of statutory language cannot be justified in light of common law principles because there is a "defense of habitation" at common law.
citation_a.signal: see
citation_a.identifier: 289 Minn. 196, 201-02
citation_a.parenthetical: necessity may be a general defense to criminal liability although not specifically provided for in statute
citation_a.sentence: See, e.g., State v. Johnson, 289 Minn. 196, 201-02, 183 N.W.2d 541, 544-45 (1971) (necessity may be a general defense to criminal liability although not specifically provided for in statute); cf. State v. Hanson, 468 N.W.2d 77, 78-79 (Minn.App.) (common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana), pet. for rev. denied (Minn. June 3, 1991). See generally Rollin M.
citation_b.signal: cf.
citation_b.identifier: 468 N.W.2d 77, 78-79
citation_b.parenthetical: common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana
citation_b.sentence: See, e.g., State v. Johnson, 289 Minn. 196, 201-02, 183 N.W.2d 541, 544-45 (1971) (necessity may be a general defense to criminal liability although not specifically provided for in statute); cf. State v. Hanson, 468 N.W.2d 77, 78-79 (Minn.App.) (common law defense of necessity should not be applied to possession of marijuana where legislature has specifically limited medical use of marijuana), pet. for rev. denied (Minn. June 3, 1991). See generally Rollin M.