STATE v. PETERS

No. L 4975; CA 17928.

619 P.2d 1360 (1980)

49 Or.App. 653

STATE of Oregon, Respondent, v. Donald Paul PETERS, Appellant.

Court of Appeals of Oregon.

Decided December 8, 1980.


Attorney(s) appearing for the Case

Philip Hornik, Portland, argued the cause and filed the brief for appellant.

Virginia L. Linder, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before SCHWAB, C.J., and RICHARDSON and BUTTLER, JJ.


BUTTLER, Judge.

Defendant appeals his conviction of driving while suspended, and contends that the court erred by withdrawing from the jury's consideration evidence regarding his defense that an emergency rendered it necessary for him to drive. ORS 487.560(2)(a).1

Defendant was apprehended while driving his mother, who was ill, to the hospital. From the evidence, the jury could have found that the situation appeared to defendant...

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