 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...  California Appellate Decisions - Страница 210написао/ла California. District Courts of Appeal - 1915Пуни преглед - О овој књизи
 | California - 1872 - 698 страница
...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 exc NOTE.— Stats. 1850, p.... | |
 | California - 1874 - 712 страница
...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 страница
...proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof 1 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 страница
...the killing is upon the defendants, and they must establish the same by a preponderance of evidence, unless the evidence on the part of the prosecution tends to show such necessity, excuse, or justification." The principle announced is this: If the killing is satisfactorily... | |
 | California - 1881 - 806 страница
...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.... | |
 | California, Robert Desty - 1881 - 862 страница
...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.... | |
 | 1884 - 1006 страница
...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... | |
 | 1906 - 1148 страница
...of proof of circumstances in mitigation, justification, or excuse is on defendant, unless the proof on the part of the prosecution tends to show that the crime only amounts to manslaughter or that defendant was justified or excusable, o. SAME — INSTRUCTIONS.... | |
 | 1916 - 1228 страница
...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... | |
 | California - 1886 - 992 страница
...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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