In State v. Getsy (1988), 84 Ohio St.3d 180, 1998 Ohio 533, 702 N.E.2d 866, the Supreme Court of Ohio considered a trial court's jury instruction that "if a wound is inflicted upon a person with a deadly weapon in a manner calculated to destroy life the purpose to kill may be inferred from the use of the weapon." Id. at 196. The defendant argued this instruction created a mandatory presumption in violation of the Ohio and United States Constitutions. The Supreme Court of Ohio determined the use of "may" in the instruction indicated the presumption was permissive, not one the jury was required to accept and, therefore, did not run afoul of the defendant's constitutional rights.