State v. Rainey

Defendant appeals his conviction for unlawful delivery of a controlled substance. ORS 475.992.1 He contends that the trial court erred in instructing the jury that proof of the unlawful delivery of a controlled substance is prima facie evidence of knowledge of the character of the substance delivered. The issue is whether the challenged instruction impermissibly relieved the state of its burden of proof on the question of defendant’s knowledge of the nature of the substance he admittedly delivered.

Defendant assisted another man in taking boxes of marijuana from a truck and placing them in the…