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 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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Last revised: Wednesday, October 08, 2008