46.3109 Burden of injecting the issue.

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When the phrase “the defendant has the burden of injecting the issue” is used in this title it means:

(1) the defense referred to is not submitted to the trier of fact unless supported by some evidence; and

(2) if the issue is submitted to the trier of fact, any reasonable doubt on the issue requires a finding for the defendant on that issue.

History: 1979, PL 16-43 § 2.

Research Guide: 556.051.