| Factual Stipulations in Criminal Trials |
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| A stipulation is an agreement between adverse parties as to the definition or identification of a statement or pieces of evidence that are material to the case. Trial judges typically accept stipulations of fact presented by parties. However, it is within the trial judge's discretion to reject the stipulated fact if fact sought to be admitted is not relevant or constitutes a legal conclusion. When the trial court accepts a stipulated fact, the party that had the burden of proof with respect to the stipulated fact is relieved from presenting a foundation to establish that fact during the defendant's trial. More... |
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| BURGLARY OF A MOTOR VEHICLE |
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| A person commits the offense of burglary of a motor vehicle when he or she breaks or enters into a motor vehicle, or any part thereof, without the consent of the owner and with the intent to commit a felony or a theft. More... |
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| JURY INSTRUCTIONS ON DEFENSE THEORIES |
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| If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable. More... |
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| Competency and Sequestration of Witnesses |
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| Testimony of witnesses is a common way to present evidence during a criminal trial. However, before the testimony of a witness can be accepted during a defendant's trial it must be established that the witness is competent or have the capacity to testify.
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| ISSUING A BAD OR A WORTHLESS CHECK |
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| A person commits the offense of issuing a bad or a worthless check when he or she writes, issues, or passes a check or similar document for the payment of money when he or she knows that he or she does not have sufficient funds in a banking institution to pay the check. More... |
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