 | California - 1915 - 1172 σελίδες
...Prac. Act, Stats. 1851, p. 252, § 373. § 1105. When burden of proof shifts in trials for murder. Upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable. Legislation! 1105. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 232,... | |
 | Peter V. Ross - 1915 - 1332 σελίδες
...Territory v. Kay, 3 Ariz. 92, 21 Pac. 152. •Paragraph 1655 of the Penal Code (Rev. Stats. 1887) provides: "Upon a trial for murder, the commission of the homicide by the defendant being proved, the burder of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless... | |
 | California - 1915 - 1172 σελίδες
...1872; based on Crimes and Punishment Act, Stats. 1850, p. 232, § 37, which read: "| 37. The! killing being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently... | |
 | 1922 - 1620 σελίδες
...theory of the case not reasonably supported by the evidence. Section 5902, Revised Laws 1910, provides: 'Upon a trial for murder, the commission of the homicide by the defendant being proven, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon... | |
 | 1908 - 556 σελίδες
...this territory by virtue of our statutes. Section 5515 (Wilson-s Statutes) provides: '(5515) §379. Upon a trial for murder, the commission of the homicide by the defendant being proven, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon... | |
 | 1918 - 936 σελίδες
...OF MANSLAUGHTER — REASONABLE DOUBT. — Under section 1105 of the Penal Code, which provides that upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable, the people are under no stronger requirement than that they prove defendant's guilt of the offense... | |
 | 1925 - 948 σελίδες
...committed an unlawful homicide. No presumption of guilt weighed against the presumption of innocence. "Upon a trial for murder, the commission of the homicide...only amounts to manslaughter, or that the defendant ivas justifiable or excusable." (Pen. Code, sec. 1105.) [2] But it does not necessarily follow that... | |
 | 1924 - 932 σελίδες
...was given: "When, upon a trial for murder, the commission of the homicide by the defendant has been proved, the burden of proving circumstances of mitigation,...amounts to manslaughter, or that the defendant was justified or excusable. It is not necessary that the defendant prove circumstances of justification,... | |
 | 1924 - 932 σελίδες
...was given: "When, upon a trial for murder, the commission of the homicide by the defendant has been proved, the burden of proving circumstances of mitigation,...amounts to manslaughter, or that the defendant was justified or excusable. It is not necessary that the defendant prove circumstances of justification,... | |
 | 1921 - 942 σελίδες
...will call the eighteenth instruction, to the jury was as follows: "You are further instructed that upon a trial for murder, the commission of the homicide...proving circumstances of mitigation or that justify or that excuse it devolves upon him unless the proof on the part of the prosecution tends to show that... | |
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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... 
