Burden of Proof; Liability of Enforcement Officers in Lawful Performance of Duties

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Controlled Substances
  5. Regulation of Controlled Substances
  6. Schedules, Offenses, and Penalties
  7. Burden of Proof; Liability of Enforcement Officers in Lawful Performance of Duties

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  1. It is not necessary for the state to negate any exemption or exception in this article in any complaint, accusation, indictment, or other pleading or in any trial, hearing, or other proceeding under this article. The burden of proof of any exemption or exception is upon the person claiming it.
  2. In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this article, he is presumed not to be the holder of the registration or form. The burden of proof is upon him to rebut the presumption.
  3. No liability is imposed by this article upon any authorized state, county, or municipal officer engaged in the lawful performance of his duties.

(Code 1933, § 79A-829, enacted by Ga. L. 1974, p. 221, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 204, 205.

C.J.S.

- 28 C.J.S., Drugs and Narcotics, §§ 249, 256. 28A C.J.S., Drugs and Narcotics, §§ 342 et seq., 359 et seq. 67 C.J.S., Officers and Public Employees, § 302.

U.L.A.

- Uniform Controlled Substances Act (U.L.A.) § 506.

ALR.

- Instruction applying rule of reasonable doubt specifically to particular matter or defense as curing instruction placing burden of proof upon defendant in that regard, 120 A.L.R. 591.

Burden of proof and presumptions in tracing currency, bank account, or cash equivalent to illegal drug trafficking so as to permit forfeiture, or declaration as contraband, under state law, 104 A.L.R.5th 229.


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