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COLSON v. CUPP

No. 71-1246.

449 F.2d 730 (1971)

George COLSON, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellee.

United States Court of Appeals, Ninth Circuit.

August 27, 1971.

Attorney(s) appearing for the Case

Ross R. Runkel (argued), Salem, Or., for appellant.

James L. Carney (argued), James A. Sanderson, Asst. Attys. Gen., Jacob B. Tanzer, Sol. Gen., Lee Johnson, Atty. Gen. of Or., Salem, Or., for appellee.

Before BROWNING, HUFSTEDLER, and TRASK, Circuit Judges.

PER CURIAM:

Colson appeals from an order denying his petition for a writ of habeas corpus challenging his Oregon conviction for attempted burglary of a warehouse.1 He claims that the following instruction to the jury unconstitutionally shifted the burden of proof:

"The law presumes that a person intends all the natural, probable, and usual consequences of his deliberate acts. The law also presumes that an unlawful act was done...

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