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STATE v. NEUBAUER

No. 82-1806; CA A29182.

683 P.2d 136 (1984)

STATE of Oregon, Respondent, v. Theodore Lee NEUBAUER, Appellant.

Court of Appeals of Oregon.

Argued and Submitted March 16, 1984.

Attorney(s) appearing for the Case

Bernt A. Hansen, McMinnville, argued the cause and filed the brief for appellant.

Martha L. Rice, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant was convicted of operating a motor vehicle while a habitual traffic offender order revoking his license to drive was in effect. ORS 484.740.1 Defendant stipulated to the material elements of the crime. His defense consisted of evidence that driving was justified under the circumstances, and he requested a jury instruction on the "choice of evils" defense. ORS 161.200. The trial court ruled that defendant was not...

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