State v. Burney

This is a criminal case in which the defendant was charged with the offense of being an ex-convict in possession of a firearm. ORS 166.270.1 He was found guilty after a trial to the comb. The sole issue on his appeal is whether the trial court erred in refusing to consider the "choice of evils” defense, ORS 161.200, in assessing the evidence presented at trial. We reverse and remand.

The principle facts are not in dispute. Defendant, who is an ex-convict, moved from Boise, Idaho, to Portland on November 6, 1979. The weekend prior to moving, he had been fishing with a friend. That friend left a…