Delaware Statutes

§ 301 — State’s prima facie case; proof beyond reasonable doubt

Delaware·Title 11·Part Delaware Criminal Code·Ch. 3 PROVING AND DISPROVING CRIMINAL GUILT
(a)In any prosecution for an offense, a prima facie case for the State consists of some credible evidence tending to prove the existence of each element of the offense.
(b)No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.
(c)In any prosecution for any compound crime, including but not limited to first degree murder under § 636(a)(2) or (a)(6) of this title or for second degree murder under § 635(2) of this title, the corpus delicti of the underlying felony need not be proved independently of a defendant’s extrajudicial statement.

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Legislative History

11 Del. C. 1953, § 301; 58 Del. Laws, c. 497, § 1 ; 70 Del. Laws, c. 463, § 1

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