 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
 | 1914 - 1354 էջ
...trial for murder, the commission of the homicide by the défendant being proved, the burden of provins circumstances of mitigation, or that justify or excuse...that the defendant was justifiable or excusable." While this section declares the circumstances under which the burden of proof shifts to the defendant,... | |
 | Colorado. Supreme Court - 1914 - 668 էջ
...which is quite lengthy, concludes with this language : "You are further instructed that 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. Supreme Court - 1915 - 736 էջ
...the omitted clause, is embodied in a modified form in section 9282, Revised Codes, as follows: "Upon a trial for murder, the commission of the homicide...that the defendant was justifiable or excusable." While this section declares the circumstances under which the burden of proof shifts to the defendant,... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1914 - 788 էջ
...justified the killing, in order to entitle defendant to be acquitted on the ground of selfdefense, unless the proof on the part of the prosecution tends to show circumstances creating a reasonable doubt as to whether or not such killing was justified, and if,... | |
 | 1922 - 1620 էջ
...the case not reasonably supported by the evidence. Section 5902, Revised 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... | |
 | 1908 - 556 էջ
...territory by virtue of our statutes. Section 5515 (Wilson-s Statutes) provides: '(5515) §379. 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... | |
 | 1925 - 948 էջ
...committed an unlawful homicide. No presumption of guilt weighed against the presumption of innocence. "Upon a trial for murder, the commission of the homicide...only amounts to manslaughter, or that the defendant ivas justifiable or excusable." (Pen. Code, sec. 1105.) [2] But it does not necessarily follow that... | |
 | 1924 - 932 էջ
...was given: "When, upon a trial for murder, the commission of the homicide by the defendant has been proved, the burden of proving circumstances of mitigation,...amounts to manslaughter, or that the defendant was justified or excusable. It is not necessary that the defendant prove circumstances of justification,... | |
 | 1924 - 932 էջ
...was given: "When, upon a trial for murder, the commission of the homicide by the defendant has been proved, the burden of proving circumstances of mitigation,...amounts to manslaughter, or that the defendant was justified or excusable. It is not necessary that the defendant prove circumstances of justification,... | |
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