...leaving the premises, in a perfectly peaceable manner, according to the testimony of eye- witnesses. " Upon a trial for murder, the commission of the homicide...that the defendant was justifiable or excusable:" Pen. C., 1105. We are unable to find any "proof on the part of the prosecution" which " tends to show...

...below, which we are called on to consider and determine. 1. The court directed the jury as follows: — "Upon a trial for murder the commission of the homicide...part of the prosecution tends to show that the crime committal only amounts to manslaughter, or that the defendant was justifiable or excusable, and this...

...experience of mankind" Referring now to section 36 of the statute, which provides 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...

...2t>8 of the Criminal Practice Act provides: " Upon a trial for murder, the commission of the homicide being proved, the burden of proving circumstances...tends to show that the crime committed only amounts to man-' slaughter, or that the defendant was justifiable or excusable." The charge, as given, although...

...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...

...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...

...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...

...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...

...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...

...for the prosecution to take the case ont of the rule declared in section 1105 of the Penal Code, that "the commission of the homicide by the defendant being...that the defendant was justifiable or excusable," and where the court has properly instructed the jury upon the subject of the burden of proof, and that...