STATE v. RAINEY

TC C80-10-33816, CA A20105, SC 29154.

693 P.2d 635 (1985)

298 Or. 459

STATE of Oregon, Petitioner On Review, v. Rodney Joel RAINEY, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided January 8, 1985.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the brief was Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for respondent on review. With him on the brief was Gary D. Babcock, Public Defender, Salem.


CARSON, Justice.

The state petitioned for review from a judgment of the Court of Appeals which reversed a criminal conviction. The issue is the propriety of the trial court's jury instructions explaining prima facie evidence and stating that proof of unlawful delivery of a controlled substance is prima facie evidence of knowledge of its character.

FACTS

Defendant was convicted of knowingly...

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