Delaware § 303 Credible evidence to support defenses

Delaware Statutes

§ 303 — Credible evidence to support defenses

Delaware § 303

Title11

PartDelaware Criminal Code

Ch. 3PROVING AND DISPROVING CRIMINAL GUILT

This text of Delaware § 303 (Credible evidence to support defenses) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 303 (2026).

Text

(a)No defense defined by this Criminal Code or by another statute may be considered by the jury unless the court is satisfied that some credible evidence supporting the defense has been presented.

(b)Evidence supports a defense when it tends to establish the existence of each element of the defense.

(c)If some credible evidence supporting a defense is presented, the defendant is entitled to a jury instruction that the jury must acquit the defendant if they find that the evidence raises a reasonable doubt as to the defendant’s guilt.

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(a) No defense defined by this Criminal Code or by another statute may be considered by the jury unless the court is satisfied that some credible evidence supporting the defense has been presented.

(b) Evidence supports a defense when it tends to establish the existence of each element of the defense.

(c) If some credible evidence supporting a defense is presented, the defendant is entitled to a jury instruction that the jury must acquit the defendant if they find that the evidence raises a reasonable doubt as to the defendant’s guilt.