v2794-378

"We think presumptive intent has no place in

this case. A conclusive presumption which testi-

mony could not overthrow would effectively elim-

inate intent as an ingredient of the offense. A

presumption which would permit but not require

the jury to assume intent from an isolated fact

would prejudge a conclusion which the jury

should reach of its own volition."

Morissette v. U. S., 342 U. S., 246, 96 L. Ed.

180 (Cited p. 73 this Brief)

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archive.org Volume Name: govuscourtsca9briefs2794

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Document Link: http://archive.org/stream/govuscourtsca9briefs2794#page/n377/mode/1up

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