(dissenting):
I do not believe that it was prejudicial error to instruct the jury as to the provision of Sec. 41-6-44 concerning the presumption, so long as they were given to understand that this was simply a statement of the provision of that statute, but that it was nevertheless their prerogative and responsibility to determine whether they believed that on the whole evidence the State had met its burden of proving every element of the offense beyond a reasonable doubt.1
I do not think it is of controlling importance that the section referred to is in the motor vehicle code rather than the criminal code. It would be quite impractical to expect that all of the law should be stated in any one section of the statutes. But each statute is nevertheless part of the total law of the State; and the law should be looked at and applied in its totality.
. As to instruction on presumptions cf. State v. Potello, 40 Utah 56, 199 P. 1023; State v. Allred, 16 Utah 2d 41, 395 P.2d 535; and State v. Smelser, 23 Utah 2d 347, 463 P.2d 562.