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MATTHEWS v. STATE

No. 91A02-9810-CR-836.

718 N.E.2d 807 (1999)

Virgil MATTHEWS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

October 29, 1999.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Lorraine L. Rodts, Deputy Public Defender, Indianapolis, Indiana, Attorneys for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, James B. Martin, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Virgil Matthews appeals his conviction by jury for rape and criminal deviate conduct, both class B felonies.

We reverse.

ISSUE

Whether Matthews was denied his constitutional due process rights when the jury was instructed that "[t]he law presumes that an individual intends the consequences of his act."

FACTS

Matthews was charged with...

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