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STATE v. ANDERSON

575 P.2d 677 (1978)

33 Or.App. 43

STATE of Oregon, Respondent, v. Gustaf ANDERSON, Appellant.

Court of Appeals of Oregon.

Decided March 1, 1978.

Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and JOHNSON, JJ.

JOHNSON, Judge.

Defendant appeals his conviction following a jury trial for murder. The issue presented is whether the court's instruction based upon ORS 41.3601 concerning the presumption of unlawful intent arising from an unlawful act constituted an unconstitutional shifting of the burden of proof on the element of intent from the state to the defendant in violation of the principles of Mullaney v. Wilbur, 421 U...

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