 | California - 1874 - 712 σελίδες
...proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable. NOTE.— State. 1850,... | |
 | California, Theodore Henry Hittell - 1876 - 986 σελίδες
...proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on only amounts to manslaughter, or that the defendant was justifiable or excusable. 14.106. Evidence... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1890 - 658 σελίδες
...proving circumstances of mitigation, or that justify or excuse it devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable." I understand this... | |
 | California, Robert Desty - 1881 - 862 σελίδες
...proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed oniy amounts to manslaughter, or that the defendant was justifiable or excusable. Burden of proof.... | |
 | California - 1881 - 806 σελίδες
...proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to mar:fslaughter, or that the defendant was justifiable or excusable. 3. Manslaughter.—Sec.... | |
 | 1911 - 1168 σελίδες
...circumstances of mitigation, or which justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the...that the defendant was justifiable or excusable." This instruction is literally a copy of section 1103 of the Penal Code, and evidently was read to the... | |
 | 1916 - 1228 σελίδες
...circumstances of mitigatiou. or that justify or excuse the homicide, devolves upon Kobert Dayton Talley, unless the proof upon the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or thnt the defendant was justifiable or excusable. Where it is shown... | |
 | 1901 - 1164 σελίδες
...find from the evidence that the defendant shot the deceased, then the burden of proving circumstances of mitigation, or that justify or excuse the homicide, devolves upon the defendant, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter,... | |
 | 1884 - 1006 σελίδες
...proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable:" Pen. C., 1105. We... | |
 | California - 1886 - 992 σελίδες
...proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable. Stats. 1850, 229,... | |
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Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that... 
