Practice question
The prosecutor’s evidence omits an essential element. The accused files a demurrer without leave. The prosecutor argues that waiver of defense evidence itself supplies the missing element and compels conviction. Which is correct?
- Every without-leave demurrer guarantees conviction
- The prosecution’s evidence must still be sufficient; the waiver does not manufacture proof
- The missing element becomes admitted by filing
- The court may ignore all prosecution evidence
- No accused can ever be acquitted after waiving defense evidence
Legal references
- Rule119 Section23: https://lawphil.net/courts/rules/rc_110-127_crim.html
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