What is the test for affirmative defense?

California, United States of America


The following excerpt is from People v. Daniels, 277 Cal.Rptr. 122, 52 Cal.3d 815, 802 P.2d 906 (Cal. 1991):

13 It does not, however, put in issue the elements of any affirmative defense. (People v. Schader (1969) 71 Cal.2d 761, 775-776, fn. 13, 80 Cal.Rptr. 1, 457 P.2d 841.)

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