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Criminal Law keyed to Dripps
State v. Burney
Facts
Prior to his move to Portland, Oregon, Burney’s (Defendant) friend left a pistol underneath the seat of his pickup truck. However, Defendant, a convicted felon, did not realize it was there. Once in Portland, Defendant was returning from a birthday party when his truck would not start. Defendant thought the truck would start if he let it sit for a while. During that time, Defendant went to a nearby club, had a glass of wine, and played a few games of pool for money. As he left the club, Defendant saw a man he had won money from playing pool coming after him with a broken-down cue stick. Once he reached the truck, Defendant reached under the seat to grab a tire iron, but felt the pistol instead. Defendant pointed the pistol at Griffin’s legs and told him to get away. Griffin left, but Defendant could not start the truck. Shortly thereafter, the police arrived, found the pistol, and arrested Defendant for being an ex-convict in possession of a firearm in violation of ORS 166.270. At trial, Defendant attempted to raise the “choice of evils” defense, but was rejected by the trial court. The trial judge found Defendant guilty and he appealed.
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