State v. Evans

Defendant was found guilty of driving while under the influence of intoxicating liquor. He claims prejudicial error in the failure of the trial court to give the jury one of his requested instructions.

At. the trial the defendant testified that he had drunk two bottles of beer before leaving Cottage Grove to drive to Eugene. He complained that he had been nauseated and his head ached. He claimed the symptoms-which he félt and his erratic driving were'caused by carbon monoxide poisoning. He said the carbon monoxide came from a defective exhaust pipe on his car and that, the fumes leaked through…