Delaware Code Title 11 Sec. 303 – Credible evidence to support defenses
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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.
Terms Used In Delaware Code Title 11 Sec. 303
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Statute: A law passed by a legislature.
(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.
11 Del. C. 1953, § ?303; 58 Del. Laws, c. 497, § ?1; 59 Del. Laws, c. 547, § ?1; 70 Del. Laws, c. 186, § ?1;