State v. Matthews

Def endant was charged with attempting to elude a police officer, ORS 487.555, and resisting arrest, ORS 162.315. He was acquitted of resisting arrest but was convicted of eluding. The court imposed a suspended sentence, defendant was placed on one year’s probation, ordered to pay a fine of $100, and his driver’s license was suspended pursuant to ORS 482.430(2)(a). He assigns as error the failure of the trial court to submit to the jury upon timely request the issue of justification based upon necessity.

Defendant is entitled to have the jury instructed on all issues of law arising from the…