State v. Raubeson

ROBERTS, Justice.

Roland Raubeson appeals from his conviction in Superior Court, Androscoggin County, of operating a motor vehicle while classified as an habitual offender, 29 M.R.S.A. § 2298 (Supp.1984). Raubeson complains that the court weakened the impact of his “competing harms” defense by summarizing the State’s burden of proof at the close of jury instructions without mention of “competing harms.” 2 Because we determine that the absence of any mention of the burden of proof on the defense of justification is a more serious deficiency in the court’s instructions, we vacate the conviction…