This section contains the nature of the case and procedural background.

Burney (D) was an ex-convict who had been convicted of rape in Utah. D went fishing with a friend who left a pistol in D's pickup truck. Several weeks later, D won some money from Griffin in a pool game. Griffin then threatened D in the parking lot. D reached into his truck for a tire iron to defend himself and discovered the pistol left by a friend. D aimed the pistol at Griffin who retreated and called the police. D was arrested and charged with being an ex-convict in possession of a firearm. At trial, D used the choice of evils as his defense. The trial court denied this defense. D was found guilty. D appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.