Supreme Judicial Court of Maine.Argued April 28, 1986.
Decided April 30, 1986.
Appeal from the Superior Court, Aroostook County.
John D. McElwee, Dist. Atty., Brian E. Swales, Asst. Dist. Atty. (orally), Caribou, for plaintiff.
Jordan Goodridge, Donald H. Goodridge (orally), Houlton, for defendant.
Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and SCOLNIK, JJ.
MEMORANDUM OF DECISION.
On appeal from his conviction of operating after suspension (29 M.R.S.A. § 2184 (1978 Supp. 1985)) after jury trial in the Superior Court, Aroostook County, Mark J. Farrar contends that the presiding justice erroneously instructed the jury on the State’s burden of disproving beyond a reasonable doubt the asserted competing harms defense. See State v. Raubeson, 488 A.2d 1379, 1380 (Me. 1985); 17-A M.R.S.A. § 103 (1983). Because the evidence at trial was insufficient to generate the competing harms defense, we conclude that any error in the jury instruction was harmless. See 17-A M.R.S.A. § 101(1) (1983).
The entry is:
Judgment affirmed.
All concurring.