...until the contrary is proved." Section 6828, Snyder's Comp. Laws Okl. 1909. It is also provided! that "upon a trial for murder, the commission of the homicide by the defendant being proven, the burden of proving circumstances of mitigatipnj._pr that Ju/stTfy or excuse it, devolves...

...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,...

...theory of the case not reasonably supported by the evidence. Section 5902, Revised Laws 1910, provides: '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...

...this territory by virtue of our statutes. Section 5515 (Wilson-s Statutes) provides: '(5515) §379. 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...

...MANSLAUGHTER — REASONABLE DOUBT. — Under section 1105 of the Penal Code, which provides that npon a trial for murder, the commission of the homicide...or that the defendant was justifiable or excusable, the people are under no stronger requirement than that they prove defendant's guilt of the offense...

...committed an unlawful homicide. No presumption of guilt weighed against the presumption of innocence. "Upon a trial for murder, the commission of the homicide...only amounts to manslaughter, or that the defendant ivas justifiable or excusable." (Pen. Code, sec. 1105.) [2] But it does not necessarily follow that...

...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,...

...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,...

...will call the eighteenth instruction, to the jury was as follows: "You are further instructed that upon a trial for murder, the commission of the homicide...proving circumstances of mitigation or that justify or that excuse it devolves upon him unless the proof on the part of the prosecution tends to show that...

...instruction somewhat similar to that refused here under that portion of section 1105, which reads, "unless the proof on the part of the prosecution tends...the crime committed only amounts to manslaughter." The requested instruction in that case which the court refused to give was in effect that if the proof...