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Oregon Revised Statutes Evidence and Witnesses § 40.125

Current as of January 01, 2023 | Updated by Findlaw Staff

(1) The judge is not authorized to direct the jury to find a presumed fact against the accused.

(2) When the presumed fact establishes guilt or is an element of the offense or negates a defense, the judge may submit the question of guilt or the existence of the presumed fact to the jury only if:

(a) A reasonable juror on the evidence as a whole could find that the facts giving rise to the presumed fact have been established beyond a reasonable doubt; and

(b) The presumed fact follows more likely than not from the facts giving rise to the presumed fact.

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Cite this article: FindLaw.com - Oregon Revised Statutes Evidence and Witnesses § 40.125 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-4-evidence-and-witnesses/or-rev-st-sect-40-125/

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