Proposed Jury Instruction for Permissible Inference  

NOTICE TO COUNSEL AND JUDGES: As provided in the Court's Order accepting the proposed jury instructions for a period of working review, the Court's provisional approval "is for the purpose of refining and testing the application and accuracy of the pattern instructions and does not ensure error-free trials, and their use does not carry a no-reversal guarantee. It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law. (emphasis added).

 

PERMISSIBLE INFERENCE
__________ INSTRUCTION NO. _____

    The court instructs the jury that there is a permissible inference of fact that a person intends that which he or she does or which is the immediate and necessary consequence of his or her act.

COMMENT

PERMISSIBLE INFERENCE


1.     State v. Evans, 172 W.Va. 810, 310 S.E. 2d 877, 880 (1983). This instruction was sanctioned in State v. Evans, Supra. See also State v. Greenleaf, 168 W.Va. 561, 285 S.E. 2d 391 (1981).
2.     State v. Mayo, 443 S.E. 2d 236 (W.Va. 1994).