46.3110 Affirmative defense.
Cite as [A.S.C.A. § 46.3110]When the phrase "affirmative defense" is used in this title, it means:
(1) the defense referred to is not submitted to the trier of fact unless supported by evidence; and
(2) if the defense is submitted to the trier of fact, the defendant has the burden of persuasion that the defense is more probably true than not.
History: 1979, PL 16-43 § 2.Research Guide:
