California, United States of America
The following excerpt is from People v. McCann, 233 Cal.App.2d 561, 43 Cal.Rptr. 789 (Cal. App. 1965):
Upon submission of the case, the trial judge expressed his views in the premises and, among other things, stated: 'And then you get into the defenses. The burden passes from the People to the defendant to establish the defendant's defense.' [233 Cal.App.2d 566] Using this statement as a basis for her contention, the defendant claims that the trial court imposed upon her the burden of establishing her 'defense of duress and coercion,' and in making its decision disregarded the rule that evidence which raises a reasonable doubt of a defendant's guilt requires his acquittal even though it does not establish his innocence. (See People v. Long, 15 Cal.2d 590, 605, 103 P.2d 969.) The statement by the trial judge was not directed to the degree of proof required or to the defense of 'duress and
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