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In a murder trial requiring proof that the defendant intended to kill, the judge instructs: "A person intends the ordinary consequences of his voluntary acts, and the defendant must prove he did not intend those consequences." Defense counsel objects. What is the best ruling?

The instruction is valid because intent may always be presumed from conduct.
The instruction is invalid because it shifts the burden on an element the prosecution must prove beyond a reasonable doubt.
The instruction is valid if the defendant may present rebuttal evidence.
The instruction is invalid only if the defendant testifies.