 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...  The Pacific Reporter - Էջ 4031884Ամբողջությամբ դիտվող - Այս գրքի մասին
 | Oklahoma - 1921 - 672 էջ
...or note is forged or counterfeited. (5904, RL 1910) 208. Burden of Proof in Mitigation of Murder — 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... | |
 | California. Supreme Court - 1921 - 956 էջ
...was justified from the fact alone that he had taken human life. Section 1105 of the Penal Code reads: "Upon a trial for murder, the commission of the homicide by the defendant beiug proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves... | |
 | California - 1921 - 844 էջ
...Colline, 64 Cal. 293, 295. 30 Рас. 847. §1105. WHEN BURDEN OF PROOF SHIFTS IN TRAILS FOR MURDER. Upon a trial for murder, the commission of the homicide by the defendniit being proved, the burden of proving circumstances of mitigation, or that justify or excuse... | |
 | Panama Canal (Panama) - 1922 - 336 էջ
...overt acts not alleged, but connected with the offense charged, may be given in evidence. SEC. 190. Upon a trial for murder, the commission of the homicide...committed only amounts to manslaughter or that the act of the defendant, of which complaint is made, was justifiable or excusable.285 SEC. 191. Upon a... | |
 | Daniel Woolsey Crockett - 1922 - 1014 էջ
...instruction in a prosecution for homicide, consisting of Snyder's Comp. Laws 1909, § 6854, to-wit, "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... | |
 | California - 1923 - 424 էջ
...acts alleged is " proved; but other overt acts not alleged may be given in evidence. 1880—22. 1105. Upon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable. 1106. Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register,... | |
 | California, James Manford Kerr - 1923 - 680 էջ
...1880, Code Amdts. 1880 (Pen. C. pt,), p. 22. 8 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. Enacted February 14, 1872, re-enactment of 8 87 Criminal Practice Act 1850, Stats. 1850, pp. 232. 233.... | |
 | 1923 - 1116 էջ
...the jury must presume au absence of such intent.16 §103. Mitigation, Justification and Excuse. — "Upon a trial for murder, the commission of the homicide by the defendant being proved,17 the burden of proving circumstances of mitigation, or that justify or excuse it, devolves... | |
 | 1924 - 938 էջ
...provisions of section 1105 of the Penal Code ; rather the contrary. That section provides as follows : ' ' Upon a trial for murder, the commission of the homicide...that the defendant was justifiable or excusable." The proof on the part of the prosecution (referring now to the statement of the defendant) did, as... | |
 | California. District Courts of Appeal - 1924 - 942 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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