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by baldeagle
Fri Jul 27, 2012 9:57 pm
Forum: Instructors' Corner
Topic: Defense to prosecution
Replies: 16
Views: 4911

Re: Defense to prosecution

RPB wrote:http://www.statutes.legis.state.tx.us/d ... m/PE.2.htm
PENAL CODE

TITLE 1. INTRODUCTORY PROVISIONS

CHAPTER 2. BURDEN OF PROOF
Sec. 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.
Other definitions are below that on the link above
:tiphat:
OK. Now explain to us country bumpkins what in the world that means.

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