Section 23.3 General Considerations

• Library: Criminal Practice 2012 Supp

A. (§23.3) General Considerations

A presumption is “an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established in the action.” 21 Charles A. Wright & Kenneth W. Graham, Jr., Federal Practice and Procedure § 5124 at 586–87 (1977). In certain recurring fact situations, proof of Fact A renders the inference of Fact B so highly probable that it is deemed sensible and fair to assume the truth of Fact B. 2 McCormick...