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STATE v. JONES

235 Or. 538 (1963)

385 P.2d 759

STATE OF OREGON v. JONES

Supreme Court of Oregon.

Reversed and remanded October 17, 1963.

Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause for appellant. With him on the briefs was Francis F. Yunker, Portland.

George E. Juba, Deputy District Attorney, Portland, argued the cause for respondent. On the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

REVERSED AND REMANDED.

PER CURIAM.

The defendant was convicted of second-degree murder and appeals.

The only question in the case is whether the trial court committed reversible error when it instructed the jury that there was a conclusive presumption of an intent to kill from the deliberate use of a deadly weapon. It did. State v. Elliott, 234 Or. 522,

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