State v. Rainey

*461CARSON, J.

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 delivering a controlled substance in violation of ORS 475.992.1 Defendant admitted the delivery, but argued that he did not know the delivered boxes contained marijuana. The trial judge instructed the jury, in…