State v. Whisman

The sole issue presented is whether the trial court erred when it granted the state’s pretrial motion preventing the defendant from presenting his justification defense of a choice of evils. ORS 161.200. 1

Defendant was charged with escape in the third degree from the custody of his probation officer on August 8, 1977. He admitted the escape but sought to show by offer of proof that he did so in order to avoid being returned to the Multnomah County Courthouse Jail where he had been beaten by other prisoners while imprisoned there on May 17,1977, and forced to commit oral sodomy. The trial…