State v. Crawford, 521 A.2d 1193 (Md. 1987)

Facts: Crawford was charged with assault and unlawful possession of a handgun. He testified that he was attacked and shot in his own apartment, wrestled the gun away from one assailant, fell out of a second-story window, landed next to the gun, and—hearing footsteps approaching—picked up the gun to defend himself. He surrendered the gun once a police officer arrived. Charged under Maryland's blanket handgun-possession statute.
Issue: Whether necessity is a defense to unlawful possession of a handgun where ∆ involuntarily came into possession while in imminent peril.
Rule: Necessity arises when an individual faces a choice of two evils, one being the commission of an illegal act. The justification: the law promotes higher values at the expense of lower ones; sometimes the greater good is achieved by violating the literal language of the criminal law.
Analysis: Crawford satisfies the necessity test: (1) reasonable belief in imminent peril; (2) did not intentionally/recklessly create his predicament; (3) had no legal alternative—wounded, dazed, no chance to call police; (4) possession was fortuitous (taken from his attacker); (5) surrendered the gun as soon as safe.
Judgment: Necessity defense available; conviction reversed (or remanded for jury determination on the elements).

Reading: pp. 631–37. See Necessity & Choice of Evils.