STATE v. POOLE


568 A.2d 830 (1990)

STATE of Maine v. Lawrence M. POOLE.

Supreme Judicial Court of Maine.

Decided January 16, 1990.


Attorney(s) appearing for the Case

Michael E. Povich, Dist. Atty., Ellsworth, for the State.

William C. Reiff, Mt. Desert, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, HORNBY and COLLINS, JJ.


McKUSICK, Chief Justice.

Lawrence M. Poole appeals his jury conviction (Hancock County, Delahanty, J.) for operating under the influence of intoxicating liquor on the grounds that the presiding justice erred in refusing to instruct the jury on the statutory competing harms defense and the common law necessity defense. Finding no error, we affirm.

On July 31, 1988, Poole drank four beers while on a scuba-diving expedition off Castine, then returned to...

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