...the qualification contained therein, "unless the proof on tne part of the prosecution tends to snow that the crime committed only amounts to manslaughter, or that the defendant was justiliuble or excusable," is erroneous, and the error is not cured by a general charge us to reasonable...

...find that the defendant committed the homicide, the law presumes it to have been done with malice, and the burden of proving circumstances of mitigation, or that justify or excuse it, devolve upon him, unless the proof on the part of the prosecution tends to show that it only amounted...

...1105 of the Penal Code provides that, where the commission of the homicide by the defendant has been proved, the burden of proving circumstances of mitigation or that Justify or excuse the killing devolves upon the defendant, but as to other crimes, In respect to which there is no similar...

...instructions objected to, and which for convenience we will number 1, 2, and 3, are as follows: "1. Upon trial for murder, the commission of the homicide by the defendant being proven to the satisfaction of the jury, or admitted, the burden of proving circumstances of mitigation,...

...commission of the homicide by defendant, the burden of proving circumstances of mitigation 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." linder Pen. Code, $ 2081. regulating the burden...

...error to give the following charge, which is taken verbatim from Penal Code, section 1105: ' ' Upon trial for murder, the commission of the homicide by the defendant being proven to the satisfaction of the jury, or admitted, the burden of proving circumstances of mitigation,...

...933, REV. STATS. ARIZ. 1887, PEN. CODE, SEC. 1655, CONSTRUED. — Section 933, supra, provides : " Upon a trial for murder, the commission of the homicide...prosecution tends to show that the crime committed amounts only to manslaughter or that the defendant was justifiable or excusable. ..." Upon a trial...

...proper for the court in its instructions to read to the jury section 1105 of the Penal Code, as follows: "Upon a trial for murder, the commission of the homicide...mitigation, or that justify or excuse it, devolves upou him, unless the proof on the part of the prosecution tends to show that the crime committed only...

...almost identically the same as the one In the case at bar, said: "The section casts upon the defendant 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...

...Criminal provides: "Upon a trial for murder the commission of the homicde by the defendant being proven, the burden of proving circumstances of mitigation,...that the defendant was justifiable or excusable." (Section 5902, Rev. Laws 1910.) Under this section of the statute the presumption of innocence has...