State v. Poole

McKUSICK, Chief Justice.

Lawrence M. Poole appeals his jury conviction (Hancock County, Delahanty, J.) for operating under the influence of intoxicating liquor on the grounds that the presiding justice erred in refusing to instruct the jury on the statutory competing harms defense and the common law necessity defense. Finding no error, we affirm.

On July 31, 1988, Poole drank four beers while on a scuba-diving expedition off Cas-tine, then returned to his Orland home with a friend and drank another two and a half beers. The friend left Poole’s home around 11:00 p.m. but returned at 11:30 p.m.,…