The claim of error based upon the inclusion in the charge to the petit jury of the statement, "[e]very person is presumed to intend the natural and necessary consequences of his . . . acts," has been a familiar subject of consideration in this court since the decision of the Supreme Court of the United States in Sandstrom v. Montana, 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979), which pointed to the potential such an instruction may have for shifting the burden of proof to a defendant upon the issue of intent, an essential element for the charge of murder in this case. State v. Pina, 186 Conn. 261, 440 A.2d 967 (1982); State v. Stankowski, 184 Conn. 121, 148-53, 439 A.2d 918, cert. denied, 454 U.S. 1052, 102 S.Ct. 596, 70 L.Ed.2d 588 (1981); State v. Brokaw, 183 Conn. 29, 34, 438 A.2d 815 (1981); State v. Truppi, 182 Conn. 449, 452-59, 438 A.2d 713 (1980), cert. denied, 451 U.S. 941, 101 S.Ct. 2024, 68 L.Ed.2d 329 (1981); State v. Nemeth, 182 Conn. 403, 411, 438 A.2d 120 (1980); State v. Vasquez, 182 Conn. 242, 245-53, 438 A.2d 424 (1980); State v. Maselli, 182 Conn. 66, 437 A.2d 836 (1980), cert. denied, 449 U.S. 1083, 101 S.Ct. 868, 66 L.Ed.2d 807 (1981); State v. Perez, 181 Conn. 299, 311-16, 435 A.2d 334 (1980); State v. Arroyo, 180 Conn. 171, 173-81, 429 A.2d 457 (1980). We have held that the use of the word "presumed" in one sentence of the charge does not constitute harmful error where sufficient "qualifying instructions"; Sandstrom v. Montana, supra; are also given, making clear to any reasonable juror that only its connotation of a permissive inference was meant and that the burden of prov

We have determined previously that the inclusion of such permissive language tempers the challenged portion of the instruction and ensures that a reasonable jury will not interpret the charge in an unconstitutional manner. See State v. Pina, 186 Conn. 261, 263, 440 A.2d 967 (1982) ("[i]t is the lack of qualifying instructions as to the legal effect of the presumption, [that] mak[es] it possible for a reasonable jury to interpret the use of the word presume in an unconstitutional manner" [internal quotation marks omitted]); State v. Stankowski, 184 Conn. 121, 151-53, 439 A.2d 918, cert. denied, 454 U.S. 1052, 102 S.Ct. 596, 70 L.Ed.2d 588 (1981) ("The sentence before the portion objected to was [a] person's intentions may be inferred from his conduct. . . . [W]e conclude that the attacked portions of this charge, when considered in light of the charge as a whole, including the explanatory instructions on inference and circumstantial evidence, could not be reasonably construed to require a conclusive presumption or a shifting of the burden of proof, and did not deprive the defendant of his due process right to a fair trial." [Citations omitted; emphasis in original; internal quotation marks omitted.]).

We have, however, recognized that the rule of Sandstrom must not be oversimplified. State v. Mason, 186 Conn. 574, 582-83, 442 A.2d 1335 (1982); State v. Pina, 186 Conn. 261, 263, 440 A.2d 967 (1982). Sandstrom does not invalidate, for example, the use of an entirely permissive inference or presumption, which allows . . . the elemental fact from proof by the prosecutor of the basic one and that places no burden of any kind on the defendant.

We have, however, recognized that the rule of Sandstrom must not be oversimplified. State v. Mason, 186 Conn. 574, 582-83, 442 A.2d 1335 (1982); State v. Pina, 186 Conn. 261, 263, 440 A.2d 967 (1982). Sandstrom does not invalidate, for example, the use of an "entirely permissive inference or presumption, which allows — but does not require — the trier of fact to infer the elemental fact from proof by the prosecutor of the basic one and that places no burden of any kind on the defendant."

We have, however, recognized that the rule of Sandstrom must not be oversimplified. State v. Mason, 186 Conn. 574, 582-83, 442 A.2d 1335 (1982); State v. Pina, 186 Conn. 261, 263, 440 A.2d 967 (1982). Sandstrom does not invalidate, for example, the use of an `entirely permissive inference or presumption, which allows — but does not require — the trier of fact to infer the elemental fact from proof by the prosecutor of the basic one and that places no burden of any kind on the defendant.

We have, however, recognized that the rule of Sandstrom must not be oversimplified. State v. Mason, 186 Conn. 574, 582-83, 442 A.2d 1335 (1982); State v. Pina, 186 Conn. 261, 263, 440 A.2d 967 (1982). Sandstrom does not invalidate, for example, the use of an "entirely permissive inference or presumption, which allows — but does not require — the trier of fact to infer the elemental fact from proof by the prosecutor of the basic one and that places no burden of any kind on the defendant."

It is clear, however, that an instruction on a permissive inference, i.e., one that allows but does not require the jury to infer the mental element from other proof offered by the state, is constitutional. See, e.g., State v. Mason, 186 Conn. 574, 583, 442 A.2d 1335 (1982); State v. Cosgrove, 186 Conn. 476, 483, 442 A.2d 1320 (1982); State v. Pina, 186 Conn. 261, 263, 440 A.2d 967 (1982); State v. Arroyo, 180 Conn. 171, 175, 429 A.2d 457 (1980), quoting Ulster County Court v. Allen, 442 U.S. 140, 157, 99 S.Ct. 2213, 60 L.Ed.2d 777 (1979). The court's instruction describes such a permissive inference in that it allowed but did not require the jury to infer the mental element from proof of the defendant's conduct.

The application of a particular rule of law may be constitutional under certain circumstances and unconstitutional under others. Compare State v. Harrison, 178 Conn. 689, 695-99, 425 A.2d 111 (1979) (invalidating instruction under Sandstrom rule) with State v. Pina, 186 Conn. 261, 264, 440 A.2d 967 (1982) (validating instruction challenged under Sandstrom rule.). Indeed, as we have previously stated, "the rule of Sandstrom may not be oversimplified." State v. Mason, 186 Conn. 574, 582-83, 442 A.2d 1335 (1982).

The intent instruction used by the court here is essentially the same as that approved in State v. Maselli, supra, 7511, 7711. The total charge is indistinguishable from numerous charges which we have repeatedly approved following the Sandstrom decision; see State v. Miller, 186 Conn. 654, 667-68, 443 A.2d 906 (1982); State v. Mason, 186 Conn. 574, 582-84, 442 A.2d 1335 (1982); State v. Cosgrove, 186 Conn. 476, 480-84, 442 A.2d 1320 (1982); State v. Pina, 186 Conn. 261, 264, 440 A.2d 967 (1982); State v. Stankowski, 184 Conn. 121, 148-52, 439 A.2d 918, cert. denied, 454 U.S. 1052, 102 S.Ct. 596, 70 L.Ed.2d 588 (1981); State v. Brokaw, 183 Conn. 29, 33-34, 438 A.2d 815 (1981); State v. Truppi, Supra, 453; State v. Nemeth, 182 Conn. 403, 411, 438 A.2d 120 (1980); State v. Vasquez, 182 Conn. 242, 253, 438 A.2d 424 (1980); State v. Maselli, supra, 75-76; State v. Perez, 181 Conn. 299, 311-16, 435 A.2d 334 (1980); State v. Arroyo, 180 Conn. 171, 173-81, 429 A.2d 457 (1980); State v. Harrison, 178 Conn. 689, 692-99, 425 A.2d 111 (1979); and does not include the conclusive presumption language consistently condemned by this court. Turcio v. Manson, 186 Conn. 1, 6, 439 A.2d 437 (1982); State v. Johnson, 185 Conn. 163, 176, 440 A.2d 858 (1981), aff'd, 460 U.S. 73, 103 S.Ct. 969, 74 L.Ed.2d 823 (1983).

The defendant's second claim of error in the charge on intent is that the court's instruction that "[e]very person is presumed to intend the natural and necessary consequences of his acts," unconstitutionally shifted the burden of proof to the defendant on intent and invaded the fact-finding province of the jury. E.g., Sandstrom v. Montana, 442 U.S. 510, 524, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979); State v. Pina, 186 Conn. 261, 263, 440 A.2d 967 (1982). Because this instruction implicates the denial of a fundamental right to due process and a fair trial, and Sandstrom v. Montana was decided after the trial in the present case, this court will consider the claim although it was not properly preserved for appeal. State v. Cosgrove, 186 Conn. 476, 482-83, 442 A.2d 1320 (1982); Turcio v. Manson, 186 Conn. 1, 4, 439 A.2d 437 (1982); State v. Gunning, 183 Conn. 299, 304, 439 A.2d 339 (1981).