...See 3 Am. St. Rep. 482-488, note. 1105. When burden of proof shifts in trials for murder. Sec. 1105. Upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable. Stats. 1850, p. 229, sec. 37. Manslaughter: Sec. 192, note. Excusable homicide: Sec. 195, note. Justifiable...

...acts alleged is proved; but other overt acts not alleged may be given in evidence. SECTION 66.—Upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable. SECTION 07.—A conviction cannot be had on the testimony of an accomplice, unless he is corroborated...

...in the com- Rogers, 64 Kan. 683, 39 Pac. 219. Section 5459. Burden of Proof* in Trials for Murder: Upon a trial for murder, the commission of" the homicide by the defendant beng proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves...

...excuse or provocation, in such a manner as to imperil life, generally indicates a felonious intent.13 Upon a trial for murder, the commission of the homicide...manslaughter, or that the defendant was justifiable or excusable.14 But the defendant is only bound under this rule to produce such evidence as will create...

...although mitigating circumstances are shown which would reduce the crime to manslaughter. gation or excuse devolves upon him, unless the proof on the part of the prosecution tends to show that the crime only amounts to manslaughter, or that he was excusable. State v. Brooks, 23 Mont. 146, 57 Pac. 1038....

...20, 1850. Rep. 1851, 290. En. 1851, 212. § 1105. When burden of proof shifts in trials for murder. Upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable. En. February 14, 1872. Cal.Rep.Cit. 49, 7; 49,611; 58,251; 61,394; 61,395; 61,396; 61,528; 61,529;...

..."Instruction No. 62. The jury are further instructed in the language of the statutes of this state that upon a trial for murder, the commission of the homicide...or excuse it, devolves upon him, unless the proof in the case tends to show what the crime committed only amounts to manslaughter or that the defendant...

...party killing must have acted under the influence of such fears alone." Instruction 18 is as follows : "Upon a trial for murder, the commission of the homicide...the burden of proving circumstances of mitigation that justify or excuse it devolves upon him, unless the proof in the case tends to show that the crime...

...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 crime committed amounts to manslaughter, or that the defendant was justifiable or excusable, being an exact rescript...

...20, 1850. Rep. 1851, 290. En. 1851. 212. § 1105. When burden of proof shifts in trials for murder. Upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable. En. February 14, 1872. Cal. Rep. Cit. 49, 7; 49, 611; 58, 251; 61, 394; 61, 395; • 61, 396; 61, 528;...