76-1-502 - Negating defense by allegation or proof -- When not required.
76-1-502. Negating defense by allegation or proof -- When not required.
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 bythe prosecution or the defense; or
(b) The defense is an affirmative defense, and the defendant has presented evidence ofsuch affirmative defense.
Enacted by Chapter 196, 1973 General Session