State v. Marsh

Defendant appeals a judgment of conviction for possession of a controlled substance. ORS 475.992(4)(a). He assigns error to the trial court’s refusal to give a “choice of evils” jury instruction. The state asserts that the evidence did not support such an instruction. We agree with the state and affirm.

‘We review a trial court’s refusal to give a requested jury instruction for error as a matter of law,” State v. Moore, 324 Or 396, 427, 927 P2d 1073 (1996), and we review “the evidence in support of the instruction in the light most favorable to defendant, the party seeking the instruction,”…