76-1-502. Negating defense by allegation or proof — When not required.
Section 76-1-501 does not require negating a defense:
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