The defendant was convicted of second-degree murder and appeals.

The only question in the case is whether the trial *539court committed reversible error when it instructed the jury that there was a conclusive presumption of an intent to kill from the deliberate use of a deadly weapon. It did. State v. Elliott, 234 Or 522, 383 P2d 382 (1963); State of Oregon v. Nodine, 198 Or 679, 695, 259 P2d 1056 (1953).

Reversed and remanded.