Delaware § 303 Credible evidence to support defenses

Delaware Statutes

§ 303 — Credible evidence to support defenses

Delaware·Title 11·Part Delaware Criminal Code·Ch. 3 PROVING AND DISPROVING CRIMINAL GUILT

(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.

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