State v. Robinson

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 proof to the defendant. We affirm in part, reverse in part, and remand for a new trial.

Background

[¶2.] Michael Robinson managed 1-29…