Sec. 21a-269. (Formerly Sec. 19-474). Burden of proof of exception, excuse, proviso or exemption. - Connecticut Statutes

      Sec. 21a-269. (Formerly Sec. 19-474). Burden of proof of exception, excuse, proviso or exemption. In any complaint, information or indictment, and in any action or proceeding brought for the enforcement of any provision of this part, it shall not be necessary to negative any exception, excuse, proviso or exemption contained in said section, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.

      (1967, P.A. 555, S. 30.)

      History: Sec. 19-474 transferred to Sec. 21a-269 in 1983.

      Annotations to former section 19-474:

      Defendant held to have burden of proving that tablets found in his possession, which he had obtained by prescription, were in container in which he received them. 148 C. 57. Cited. 163 C. 62. Where defendant offered no evidence of a license to sell narcotics but requested a charge to jury, no charge need have been given, but charge stating exemption and its inapplicability was a correct statement of law and in no way prejudicial. 164 C. 224. Determination of defendant's status as a person who is not drug-dependent under Sec. 19-480a(b), now Sec. 21a-278(b), is an exemption under this statute and examination of language of both statutes leads to conclusion that burden of producing evidence of drug dependency initially rests on defendant. 182 C. 142.

      Cited. 7 CA 403. Cited. 17 CA 257. Cited. 19 CA 668. Cited. 20 CA 386. Cited. 27 CA 596; Id., 713.

      Annotations to present section:

      Cited. 197 C. 67. Cited. 221 C. 595.

      Cited. 7 CA 403. Cited. 17 CA 257. Cited. 19 CA 668. Cited. 20 CA 386. Cited. 27 CA 596; Id., 713. Cited. 32 CA 724; Id., 842. Cited. 35 CA 360; Id., 609. Cited. 41 CA 604.