 | Illinois - 1845 - 766 էջ
...excusable, the person indicted shall upon his trial be fully acquitted and discharged. SEC. 40. 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 sulh'ciently... | |
 | William H. R. Wood - 1857 - 834 էջ
...indicted shall, upon his trial, be fully acquitted and discharged. ART. 1897, Sec. 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... | |
 | Nebraska - 1859 - 464 էջ
...justifiable or excusable homicide. Omu pntamu. § 37. The killing being proved, malice shall be presumed and 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... | |
 | Idaho, Idaho Territory - 1866 - 534 էջ
...the person indicted shall, upon his trial, be fully acquitted and discharged. SEC. 33. 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... | |
 | Montana (Ter.) - 1866 - 792 էջ
...the person indicted shall, upon his trial, be fully acquitted and discharged. SEC. 33. 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... | |
 | Montana - 1866 - 802 էջ
...tho person indicted shall, upon his trial, be fully acquitted and discharged. SEC. 33. 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... | |
 | Nevada. Supreme Court - 1870 - 514 էջ
...amounts to manslaughter, or that the accused was justifiable or excused in committing the homicide, the burden of proving circumstances of mitigation, or that justify or excuse it, devolve upon the defendant. This burden being cast upon the defendant, it is not sufficient for him... | |
 | California - 1872 - 698 էջ
...the ctod unless one ged y alleged in the indictacts alleged is proved; in the indictment may1 105. Upon a trial for murder, the commission of the homicide...manslaughter, or that the defendant was justifiable or exc NOTE.— Stats. 1850, p. 229, Sec. 37. Evidence 1 106. Upon a trial for bigamy, it is not on n... | |
 | Nevada. Supreme Court - 1873 - 436 էջ
...358 before cited in connection with section thirty-three of the crimes act. " Sec. 33. 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... | |
 | California - 1874 - 712 էջ
...alleged is proved; but other overt acts not alleged in the indictment may be given in evidence. 1 105. Upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable. NOTE.— State. 1850, p. 229, Sec. 37. Evidence 1106. Upon a trial for bigamy, it is not necessary... | |
| |
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... 
