 | 1890 - 1268 σελίδες
...by the court to that effect is not prejudicial error. o. Under Pen. Code Cal. 8 1105, providing that "upon a trial for murder, the commission of the homicide...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... | |
 | 1890 - 1178 σελίδες
...error. 6. Under Pen. Code Cnl. 8 1105. providing that "upon a trial for murder, the commission of tlie homicide by the defendant 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... | |
 | David Belden - 1891 - 488 σελίδες
...kinds of murder are of the second degree. Upon a trial for mnrder, the commission of the homicide of the defendant being proved, the burden of proving...excuse it. devolves upon him, unless the proof on the prosecution tends to show that the crime committed amounts only to manslaughter, or that the defendant... | |
 | 1892 - 1148 σελίδες
...the jury of this legal proposition the defendant's counsel excopted. The law of this territory is: "Upon a trial for murder, the commission of the homicide...circumstances of mitigation or that justify or excuse ii devolves upon him, unless the proof on the part of the prosecution tends to shoiv that the crime... | |
 | 1892 - 1254 σελίδες
...proposition the defendant's counsel excepted. The law ol this territory is : "Upon a trial for murder, tbe commission of the homicide by the defendant being...mitigation or that justify or excuse it devolves upon him, un1еян the proof on the part of the prosecution tende to show that the crime committed only amounts... | |
 | Frank Sumner Rice - 1894 - 1062 σελίδες
...1 Hale, PC 431. § 481. Burden of Proving Mitigating Circumstances. — Upon the defendant is cast the burden of proving circumstances of mitigation, or that justify or excuse the commission of the homicide. This does not mean that he must prove such circumstances by a preponderance... | |
 | James Henry Deering - 1900 - 892 σελίδες
...for the prosecution to take the case ont of the rule declared in section 1105 of the Penal Code, that "the commission of the homicide by the defendant being...that the defendant was justifiable or excusable," and where the court has properly instructed the jury upon the subject of the burden of proof, and that... | |
 | California, Carter Pitkin Pomeroy - 1901 - 668 σελίδες
...See 3 Am. St. Rep. 482-488, note. 1105. When burden of proof shifts in trials for murder. Sec. 1105. Upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable. Stats. 1850, p. 229, sec. 37. Manslaughter: Sec. 192, note. Excusable homicide: Sec. 195, note. Justifiable... | |
 | Puerto Rico - 1901 - 272 σελίδες
...acts alleged is proved; but other overt acts not alleged may be given in evidence. SECTION 66.—Upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable. SECTION 07.—A conviction cannot be had on the testimony of an accomplice, unless he is corroborated... | |
 | Idaho - 1901 - 620 σελίδες
...in the com- Rogers, 64 Kan. 683, 39 Pac. 219. Section 5459. Burden of Proof* in Trials for Murder: Upon a trial for murder, the commission of" the homicide by the defendant beng proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves... | |
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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... 
