§ 76-1-502. Negating defense by allegation or proof -- When not required.

Latest version.

Section 76-1-501 does not require negating a defense:

(1)	By allegation in an information, indictment, or other charge; or

(2)

By proof, unless:

(a)	The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution or the defense; or

(b)	The defense is an affirmative defense, and the defendant has presented evidence of such affirmative defense.

Enacted by Chapter 196, 1973 General Session

                    
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