State v. Burney case brief

State v. Burney case brief summary
619 P.2d 1336 (1980)

CASE SYNOPSIS

Defendant appealed a judgment from the Circuit Court, Multnomah County (Oregon), which convicted defendant of being an ex-convict in possession of a firearm pursuant to Ore. Rev. Stat. § 166.270.

CASE FACTS
Defendant was walking toward his truck when he sensed someone coming up behind him. Defendant reached into his truck for a tire iron to defend himself, but found a pistol that a friend had left in the truck without defendant's knowledge. The person who was pursuing defendant saw the pistol, retreated, and informed police that defendant possessed a firearm. After police searched defendant's vehicle and found the pistol, defendant was arrested. The trial court convicted defendant of being an ex-convict in possession of a firearm pursuant toOre. Rev. Stat. § 166.270.

DISCUSSION

• Defendant appealed, contending that the trial court erred in refusing to consider the "choice of evils" defense, Ore. Rev. Stat. § 161.200, in assessing the evidence presented at trial because defendant had feared for his safety on the night he found the gun. 
• On appeal, the court held that the "choice of evils" defense was available to defendant, who had been previously convicted of a felony and may have justified his resort to the weapon, which was otherwise unlawful for him to possess and that the evidence was not such as to require the trial court to find defendant guilty.

CONCLUSION
The court reversed the trial court's judgment, which had convicted defendant of being an ex-convict in possession of a firearm, and remanded the case to the trial court for a new trial.

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