State v. Savage

In this case we determine whether the jury instructions stating that intent to kill could be presumed from the defendant's use of a dangerous weapon, conformed to the due process standards for use of presumptions in criminal cases. We hold that the instructions did not comply with due process because they did not adequately explain the nature and operation of the presumption and did not specifically inform the jury that it was free to reject *571the presumption even if the defendant failed to present evidence rebutting the presumed fact.

On March 7, 1977, petitioner Dorothy LaVonne Savage shot and…