 | California. Supreme Court - 1884 - 740 σελίδες
...below, which we are called on to consider and determine. 1. The court directed the jury as follows: — "Upon a trial for murder the commission of the homicide...part of the prosecution tends to show that the crime committal only amounts to manslaughter, or that the defendant was justifiable or excusable, and this... | |
 | 1884 - 938 σελίδες
...court wherein the jury was instructed that upon a trial for murder, the commission of the homicide being proved, the burden of proving circumstances...amounts to manslaughter, or that the defendant was justified or excusable; and this he may show by preponderance of evidence merely. Conceding that if... | |
 | 1892 - 1150 σελίδες
...the jury of this legal proposition the defendant's counsel excepted. The law of this territory is: "Upon a trial for murder, the commission of the homicide...the proof on the part of the prosecution tends to shovv that the crime committed only amounts to manslaughter, or that the defendant was justifiable... | |
 | 1916 - 1232 σελίδες
...or of justification or excuse, contrary to Pen. Code, { 1105, which imposes this burden, except when the proof on the part of the prosecution tends to...or that the defendant was justifiable or excusable. [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 1846-1852, 1854-1857, I960, 19G7;... | |
 | 1890 - 1182 σελίδες
...evidence satisfy ing y our minds." This instruction was erroneous. The Penal Code provides: "Sec. 1105. Upon a trial for murder, the commission of the homicide...burden of proving circumstances of mitigation, or thn t justify or excuse It. devolves upon him, unless the proof on the part of the prosecution tends... | |
 | 1922 - 1152 σελίδες
...reasonable doubt of the petitioner's guilt of a capital offense, hall will be refused. Under this rule, unless the proof on the part of the prosecution tends...the crime committed only amounts to manslaughter, bail will be refused where, as in this case, the commission of the homicide having been admitted, the... | |
 | 1885 - 968 σελίδες
...the criminal practice act provides : "Upon a trial for murder, the commission of the homicide boiug proved, the burden of proving circumstances of mitigation,...that justify or excuse it, devolves upon him, unless tlie proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter,... | |
 | 1916 - 1228 σελίδες
...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 from the evidence that a homicide... | |
 | 1910 - 1150 σελίδες
...reasonable doubt in that respect. It is the law in this jurisdiction that, even In the trial of the case, the commission of the homicide by the defendant being...the burden of proving circumstances of mitigation that justify or excuse It devolves upon him, unless the proof on the part of the prosecution tends... | |
 | 1911 - 1172 σελίδες
...proved, the burden of proving circumstances of mitigation, or thnt justify or excuse it, devolves on him, unless the proof on the part of the prosecution tends to show that the crime only amounts to manslaughter, or that defendant was justifiable or excusable, malice, which, under... | |
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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... 
