Utah Code 76-1-502. Negating defense by allegation or proof — When not required
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(1) By allegation in an information, indictment, or other charge; or
Terms Used In Utah Code 76-1-502
- Allegation: something that someone says happened.
- 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.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) By proof, unless:
(2)(a) The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution or the defense; or
(2)(b) The defense is an affirmative defense, and the defendant has presented evidence of such affirmative defense.