The following excerpt is from Cook v. Lamarque, 239 F.Supp.2d 985 (E.D. Cal. 2002):
As stated above, "every fact necessary to constitute the crime with which [a defendant] is charged" must be proved "beyond a reasonable doubt." In re Winship, 397 U.S. at 364, 90 S.Ct. 1068. "The prosecution bears the burden of proving all elements of the offense charged, and must persuade the factfinder "beyond a reasonable doubt" of the facts necessary to establish each of those elements." Sullivan v. Louisiana, 508 U.S. 275, 278-279, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993) (citations omitted).
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