19-11-4 (Rule 302(c)) Instructions to jury on presumptions in criminal cases.
19-11-4.
(Rule 302(c)) Instructions to jury on presumptions in criminal cases.
Whenever the
existence of a presumed fact against the accused is submitted to the jury, the court shall instruct the
jury that it may regard the basic facts as sufficient evidence of the presumed fact but is not required
to do so. In addition, if the presumed fact establishes guilt or is an element of the offense or
negatives a defense, the court shall instruct the jury that its existence, on all the evidence, must be
proved beyond a reasonable doubt.
Source: Supreme Court Rule 78-2, Rule 302 (c).
Chapter 19-11