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ORS 40.125

Known as the Oregon Evidence Code

The act spans §§ 40–40 (98 sections).

Applied in 1 court decision — leading case State v. Lindoff (1982)

Most recently applied in State v. Lindoff (April 1982)

1981 c.892 §18

(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.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.