...Territory v. Kay, 3 Ariz. 92, 21 Pac. 152. •Paragraph 1655 of the Penal Code (Rev. Stats. 1887) provides: "Upon a trial for murder, the commission of the homicide by the defendant being proved, the burder of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless...

...1872; based on Crimes and Punishment Act, Stats. 1850, p. 232, § 37, which read: "| 37. 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...

...held prejudicially erroneous, on the ground that the jury may readily have understood the language, "upon a trial for murder, the commission of the homicide by the defendant being proved," as intimating an opinion or belief or statement on the part of the trial judge that the homicide had...

...considered in connection with the text. Its signification is the same as if the sentence began thus, ' When, upon a trial for murder, the commission of the homicide by the defendant has been proved,' etc. Thus understood, it does not constitute a statement of the fact by the court."...

...OF MANSLAUGHTER — REASONABLE DOUBT. — Under section 1105 of the Penal Code, which provides that upon a trial for murder, the commission of the homicide...the defendant being proved, the burden of proving circumstance! of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the...

...evidence; but a trial for murder differs in some respects from the trial of any other criminal offense. "Upon a trial for murder, the commission of the homicide...that the defendant was justifiable or excusable." Pen. Code, § 1105. In this case the killing by the defendant was clearly established by the people's...

...of proving circumstances of mitigation or that would justify or excuse it devolves upon a defendant, unless the proof on the part of the prosecution tends to show that the crime amounts only to manslaughter, or that the defendant is justifiable or excusable, was not erroneous,...

...73 Tex. Cr. R. 178. (Utah,1911) Under Сотр. Laws 1907, § 4856, providing that, upon a homicide being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, shall devolve upon accused, unless the proof on the part of the prosecution tends to show that the...

...acquitted and discharged. —What is not, 90-221 ; 88-312 ; 166-264. 155. Burden of Proof. 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...

...presumed to intend the ordinary consequences of his voluntary act." "No. 19. You are instructed that upon a trial for murder, the commission of the homicide by the defendant being proved, the burden then rests upon the defendant of offering evidence in support of his defense or defenses, but in any...