What is the burden of proving a defense by a preponderance of the evidence?
California, United States of America
The following excerpt is from People v. W. Valley Caregivers, Inc., 196 Cal.Rptr.3d 82, 242 Cal.App.4th Supp. 24 (Cal. Super. 2015):
instruction that he has the burden of proving a defense by a preponderance of the evidence. [Citation.]" (People v. Sherow (2011) 196 Cal.App.4th 1296, 1306, 128 Cal.Rptr.3d 255 (Sherow ), citing People v. Hardy (1948) 33 Cal.2d 52, 65, 198 P.2d 865.)
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