2012 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 3. PROVING AND DISPROVING CRIMINAL GUILT
§ 302. Jury instruction for defendant on reasonable doubt.


11 DE Code § 302 (2012 through 146th Gen Ass) What's This?

(a) Pursuant to § 301(b) of this title, the defendant is entitled to a jury instruction that the jury must acquit if they fail to find each element of the offense proved beyond a reasonable doubt.

(b) The defendant may produce whatever evidence the defendant has tending to negate the existence of any element of the offense, and, if the court finds that a reasonable juror might believe that evidence, the defendant is entitled to a jury instruction that the jury must consider whether the evidence raises a reasonable doubt as to the defendant's guilt.

11 Del. C. 1953, § 302; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;

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