State v. Steimle

The defendant was convicted of first-degree murder.

There was evidence that the defendant drove up into the mountains with the decedent, an acquaintance. The defendant and perhaps the decedent did some drinking. The defendant shot the decedent, drove the decedent’s car back to Portland and occupied the decedent’s apartment.

The defendant contends that the trial court erred in giving the following instruction which was excepted to by the defendant:

“The law conclusively presumes an intent to murder from the deliberate use of a deadly weapon that causes death within one year. The law also…