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S.C. Code Ann. § 44-53-540

Burden of proof

Applied in 2 court decisions — leading case Medlock v. One 1985 Jeep Cherokee Vin 1JCWB7828FT129001 (1996)

Most recently applied in Commonwealth v. Brown (January 1998)

1962 Code SECTION 32-1510.65; 1971 (57) 800; 1974 (58) 2284.

(a) It shall not be necessary for the State to negate any exemption or exception set forth in this article in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this article, and the burden of proof of any such exemption or exception shall be upon the person claiming its benefit.

(b) 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 shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.