...establish the defense relied upon, to wit, self-defense. Section 5902, Rev. Laws 1910, provides: "Upon a trial for murder, the commission of the homicide by the defendant being proven, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon...

...122 Cal. 171, 54 Pae. 833, the supreme court of California, in construing those sections, said: "Upon a trial for murder, the commission of the homicide...the part of the prosecution tends to show that the 113 crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable;...

...action, because the defendant had already very forcibly answered a similar question. lows: "(9) Upon trial for murder, the commission of the homicide by...mitigation, or that Justify or excuse it, devolves upon the defendant unless the proof upon the part of tue prosecution tends to show that the crime committed...

...mitigation, or that justify or excuse the homicide, devolves upon the defendant, unless the proof upon the part of the prosecution tends to show that the...that the defendant was justifiable or excusable.' Following this it was stated: 'The law presumes every man to be innocent until his guilt is established...

...have so understood. 4. In instruction 33 the court gave section 9282, Revised Codes, as follows: "Upon a trial for murder, the commission of the homicide by the defendant being proven, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon...

...that the killing was the result of malice. The instruction, when carefully read, qualifies itself. The burden of proving circumstances of mitigation, or that justify or excuse the killing, and of which the appellant complains, does not, in the language of the instruction, devolve...

...(section 6854): "Upon a trial for murder, the commission of the homicide by the defendant being proven, the burden of proving circumstances of mitigation,...that the defendant was justifiable or excusable." The burden of proof on any Issue Is always contrary to the presumption. One who disputes a presumption...

...California.19 Although section 1108 of the California Penal Code provides that upon a trial for murder, the homicide by the defendant being proved, the burden...mitigation, or that justify or excuse it, devolves upon him, it does not mean that he must prove such circumstances by a preponderance of the evidence, and he is...

...Рас. 150), the charge in such particular is proper. The section reads : "Upon a trial for murder, tie commission of the homicide by the defendant being...circumstances of mitigation, or that justify or excuse it, shall devolve upou him, unless the proof on the part of the prosecution tends to show that the crime...

...homicide by the defendant is proven beyond a reasonable doubt; a presumption of guilt then obtains, unless the proof on the part of the prosecution tends...the crime committed only amounts to manslaughter, 01 that the defendant was justifiable or excusable. Thereupon, under this section of the statute, the...