California, United States of America
The following excerpt is from People v. Johnson, 23 Cal.Rptr.2d 593, 6 Cal.4th 1, 859 P.2d 673 (Cal. 1993):
[859 P.2d 707] Such an instruction removes the "ultimate fact" from the jury's consideration without leaving behind any "predicate facts" to be found. If a mandatory irrebuttable presumption "tend[s] to deter a jury from considering any evidence for the presumed fact beyond the predicate evidence" (Yates v. Evatt, supra, 500 U.S. at p. ----, fn. 10, 111 S.Ct. at p. 1894, fn. 10), an omission, by definition, withdraws the omitted fact entirely.
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