On a cold winter day, William Celli and his friend, Glynis Brooks, left Deadwood, South Dakota, hoping to hitchhike to Newcastle, Wyoming, to look for work. The weather turned colder, they were afraid of frostbite, and there was no place of business open for them to get warm. Their feet were so stiff from the cold that it was difficult for them to walk.

They broke the lock on the front door and entered the only structure around, a cabin. Celli immediately crawled into a bed to warm up, and Brooks tried to light a fire in the fireplace. They rummaged through drawers to look for matches, which they finally located, and started a fire. Finally, Celli came out of the bedroom, took off his wet moccasins, socks, and coat; placed them near the fire; and sat down to warm himself. After warming up somewhat they checked the kitchen for edible food. That morning, they had shared a can of beans but had not eaten since. All they found was dry macaroni, which they could not cook because there was no water.

A neighbor noticed the smoke from the fireplace and called the police. When the police entered the cabin, Celli and Brooks were warming themselves in front of the fireplace. The police searched them but turned up nothing belonging to the cabin owners.

• The trial court convicted Celli and Brooks of fourth degree burglary. The appellate court reversed on other grounds. If you were deciding the case, would you allow the defense of necessity? In other words, was burglary the lesser evil? Defend your answer, applying all of the steps in the choice-of-evils defense.