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Property Law Keyed to Dukeminier
Commonwealth v. Magadini
Citation:
52 N.E.3d 1041Facts
Magadini (defendant) was charged with trespass on several occasions in February, March, and April 2014 and for using the bathroom at an establishment on June 10, 2014. Magadini was homeless and generally lived outside year-round but tried to find shelter during the winter months. He was unable to rent an apartment. During one occasion, Magadini was denied entry at a homeless shelter following a blizzard. The Commonwealth of Massachusetts (plaintiff) brought suit against Magadini for the various instances of trespass. Magadini tried to raise the necessity defense but the trial court denied his request. Magadini appealed to the Supreme Judicial Court of Massachusetts.
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