State v. Zadina

Upon trial by jury, défendant' was found guilty of second degree murder for the killing of his two-month-old daughter. The sole basis of his appeal is that the trial court erred in instructing the jury that “ * * the law conclusively presumes a malicious and guilty intent from the deliberate commission of an unlawful act * * ” (Emphasis supplied.)

The state concedes that the instruction complained of is error under the doctrine set forth in State v. Rawls, 247 Or 328, 429 P2d 574 (1967); State v. Elliott, 234 Or 522, 383 P2d 382 (1963). The defendant argues that the ends of justice require…