OK. Now explain to us country bumpkins what in the world that means.RPB wrote:http://www.statutes.legis.state.tx.us/d ... m/PE.2.htm
PENAL CODE
TITLE 1. INTRODUCTORY PROVISIONS
CHAPTER 2. BURDEN OF PROOFOther definitions are below that on the link aboveSec. 2.03. DEFENSE. (a) A defense to prosecution for an offense in this code is so labeled by the phrase: "It is a defense to prosecution . . . ."
(b) The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
(e) A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.
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- Fri Jul 27, 2012 9:57 pm
- Forum: Instructors' Corner
- Topic: Defense to prosecution
- Replies: 16
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