Commonwealth v. Markum

541 A.2d 347 (1988)

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Nature of the Case

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Facts

On August 10, 1985, as part of an anti-abortion demonstration, several protesters (D) pushed their way into the Northeast Women's Center, which is an abortion clinic. They refused to leave even after the staff made repeated requests. They were finally forcefully removed by police, but not before damaging medical equipment and vandalizing the property of the clinic. D's assert the defense of justification. D's were charged and convicted of defiant trespass. The trial judge refused to allow expert testimony on the defense and D's appealed.