This case has been cited 1 times or more.
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2000-11-20 |
PARDO, J. |
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| A plea of self-defense automatically shifts the burden of evidence to the defense since such a plea means that the accused admits having performed the criminal act, but disclaims legal liability on the ground that his act was justified in defense of himself. The requisites of self-defense are: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself.[9] The accused must prove the concurrent existence of all these elements by clear and convincing evidence.[10] | |||||