concurring.
I concur in the decision of the court that it was reversible error to give the instruction of which the defendant complained. I concur in the opinion of the court that a judge should not instruct on inferences.
The majority has elected to make some statements concerning the place of inferences in a trial judge’s decision to be made on a motion for judgment of acquittal. There is no assignment of error in this case that necessitates making those statements; therefore, I shall not now set forth my *469differences with those statements but, rather, shall await a proper case.
I also desire to record here that I perceive a serious conflict between ORS 136.415 and OEC 309(2), but because this case presents only the matter of the trial court’s instruction, I need not here discuss that conflict.