Williams v. Cupp

The petitioner in this post-conviction proceeding is under life sentence in the Oregon State Penitentiary for second degree murder. He asserts that his conviction on April 30, 1952, is invalid because the court instructed the jury erroneously on the conclusive presumption of ORS 41.350 (1), (2).① The court gave these instructions:

“The law conclusively presumes a malicious and guilty intent from the deliberate commission of an unlawful act for the purpose of injury to another.”

and

“You are instructed that an intent to murder is conclusively presumed from the deliberate use of a deadly weapon…