 | Daniel Woolsey Crockett - 1922 - 1014 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," was held not erroneous.... | |
 | Panama Canal (Panama) - 1922 - 336 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 act of the defendant, of which complaint is made, was justifiable... | |
 | California, James Manford Kerr - 1923 - 680 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. Enacted February... | |
 | 1923 - 1116 σελίδες
...circumstances of mitigation, or that justify or excuse it, devolves upon him,18 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."19 This rule applies... | |
 | California - 1923 - 424 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. 1106. Upon a trial... | |
 | 1911 - 526 σελίδες
...being proved, th" burden of proving circumstances of mitigation or that justify or excuse it derives upon the defendant, unless the proof upon the part...prosecution tends to show that the crime committed only amounts to manslaughter, or that defendant -was justified — State v. Byrd. Mont.. Ill Pac. 407.... | |
 | California - 1927 - 570 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. 1106. Upon a trial... | |
 | 1889 - 538 σελίδες
...being proved, the burden of proving circumstances of mitigation 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," where the proof... | |
 | United States. Congress. Senate. Committee on Finance - 1962 - 808 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 act of the defendant, of which complaint is made, was justifiable... | |
 | California. District Courts of Appeal - 1910 - 780 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 1105 of the Penal Code, and evidently was read to the... | |
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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... 
