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  5. 785 P.2d 1071 (1990)
 

STATE v. CLOWES

DA 372447-8806, DA 372448-8806, DA 372450-8806, DA 372446-8806; CA A50128 (Control), A50129, A50132, A50136.

785 P.2d 1071 (1990)

100 Or.App. 266

STATE of Oregon, Respondent, v. Brain Woodbridge CLOWES, Appellant. State of Oregon, Respondent, v. JUDY LOIS HAGER, Appellant. State of Oregon, Respondent, v. MICHAEL JAMES KINSEY, Appellant. State of Oregon, Respondent, v. Rachel A. Wolcott, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted November 8, 1989.

Decided January 24, 1990.

Reconsideration Denied March 2, 1990.

Attorney(s) appearing for the Case

Norman L. Lindstedt, Portland, argued the cause for appellants Judy Lois Hager and Rachel A. Wolcott. With him on the brief was Lindstedt & Buono, P.C., Portland.

William E. McCann, Tillamook, argued the cause and filed the brief for appellant Michael James Kinsey.

Richard L. Stradley, Hillsboro, argued the cause and filed the brief for appellant Brian Woodbridge Clowes.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc November 8, 1989.

BUTTLER, Judge.

Defendants were charged with criminal trespass in the second degree, ORS 164.245, for blocking the doors of the Lovejoy Surgicenter with the objective of preventing women from entering for the purpose of obtaining abortions. At their trials, defendants sought to assert the choice of evils defense, ORS 161.200, arguing that the trespass was an emergency measure that was necessary to avoid the imminent deaths...

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