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STATE v. ROBINSON

No. 20737.

602 N.W.2d 730 (1999)

1999 SD 141

STATE of South Dakota, Plaintiff and Appellee, v. Michael J. ROBINSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 3, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Paul Cremer, Assistant Attorney General, Pierre, for plaintiff and appellee.

David A. Pfeifle of May, Johnson, Doyle & Becker, Sioux Falls, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] In this case, the jury was instructed that passing a check against insufficient funds created the presumption that the passer knew there were not sufficient funds in the account. The jurors were never told, however, that they need not accept the presumption, but if they did, that the passer's knowledge still had to be proved beyond a reasonable doubt considering all the evidence. Thus, the instruction improperly shifted the burden of...

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