76-1-503 - Presumption of fact.
76-1-503. Presumption of fact.
An evidentiary presumption established by this code or other penal statute has thefollowing consequences:
(1) When evidence of facts which support the presumption exist, the issue of theexistence of the presumed fact must be submitted to the jury unless the court is satisfied that theevidence as a whole clearly negates the presumed fact;
(2) In submitting the issue of the existence of a presumed fact to the jury, the court shallcharge that while the presumed fact must on all evidence be proved beyond a reasonable doubt,the law regards the facts giving rise to the presumption as evidence of the presumed fact.
Enacted by Chapter 196, 1973 General Session