Adams v. State

This is an appeal from an attempted first-degree murder conviction.1 Defendant’s sole claim *878on appeal is that the presumption instruction to the jury, relating to the element of intent, was unconstitutional in that it shifted the burden of proof to the defendant, it invaded the fact-finding function of the jury, and it was an irrational presumption. Thus, it violated the fourteenth amendment to the constitution. The instruction given and objected to at trial was Wis J I — Criminal, Part II, 1105, which states:

When there are no circumstances to prevent or rebut the presumption, the law…