 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...  Acts of the Legislature of Puerto Rico - Էջ 125Puerto Rico - 1901Ամբողջությամբ դիտվող - Այս գրքի մասին
 | California - 1886 - 992 էջ
...People v. Collins, 64 Cal. 293. 1105. When burden of proof shifts in trials for murder. SEO. 1105. Upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable. Stats. 1850, 229, sec. 37. Manslaughter: ace. 192, note. Excusable homicide: Sec. 195, note. Justifiable... | |
 | California. Supreme Court - 1886 - 844 էջ
...trial for murder, the commission of the homicide b; the defendant being proved, the burden of proTing circumstances of mitigation, or that Justify or excuse It, devolves upon him, nnless the proof on the part of the prosecution tends to show that the crime committed only amounts... | |
 | 1888 - 964 էջ
...proven, it devolves upon him to show circumstances of mitigation, or that justify or excuse the homicide, unless the proof on the part of the prosecution tends...the crime committed only amounts to manslaughter, or tbe homicide was excusable or justifiable. US т. Crow Dog, (Dak.) 14 NW Rep. 437. See, also, note... | |
 | 1887 - 974 էջ
...following section of the Criminal Code. "Upon a trial for murder, the commission of the homicide by defendant being proved, the burden of proving circumstances...that justify or excuse it, devolves upon him, unless proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter,... | |
 | 1890 - 1268 էջ
...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 էջ
...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 էջ
...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 էջ
...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 էջ
...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 էջ
...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... | |
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