Rule 309. Presumptions in criminal proceedings
Source:
Section 40.125 — Rule 309. Presumptions in criminal proceedings, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html.
Notes of Decisions
An instruction that could give the jury impression that, in absence of evidence from defendant an element of the charge is to be presumed from proof of different facts, violates this rule because it does not make clear to the jury that finding the presumed fact is merely an inference that it is permitted to draw. State v. Nossaman, 63 Or App 789, 666 P2d 1351 (1983)
Jury instruction requiring inference in prosecution for negotiating bad check that if defendant did not make good on check within ten days after receiving notice of refusal that he had knowledge at time check was drawn that it would be dishonored was improper instruction permitting jury to make presumption as to element of crime and was reversible error. State v. Short, 88 Or App 567, 746 P2d 742 (1987)
Trial court may not instruct jury that it may infer firearm was loaded from fact that defendant pointed firearm at another. State v. Campbell, 100 Or App 153, 785 P2d 370 (1990), Sup Ct review denied
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