Opinion
Argued October 1, 1963
Reversed and remanded October 17, 1963
Appeal from the Circuit Court, Multnomah County, J.J. MURCHISON, Judge.
REVERSED AND REMANDED.
George A. Haslett, Jr., Portland, argued the cause for appellant. With him on the briefs was Francis F. Yunker, Portland.
George E. Juba, Deputy District Attorney, Portland, argued the cause for respondent. On the brief was George Van Hoomissen, District Attorney, Portland.
Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.
The defendant was convicted of second-degree murder and appeals.
The only question in the case is whether the trial court committed reversible error when it instructed the jury that there was a conclusive presumption of an intent to kill from the deliberate use of a deadly weapon. It did. State v. Elliott, 234 Or. 522, 383 P.2d 382 (1963); State of Oregon v. Nodine, 198 Or. 679, 695, 259 P.2d 1056 (1953).
Reversed and remanded.