 | California. Supreme Court - 1906 - 772 էջ
...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,... | |
 | Thomas A. Mapes - 1907 - 488 էջ
...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... | |
 | California - 1907 - 1146 էջ
...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,... | |
 | Arizona. Supreme Court - 1908 - 540 էջ
...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... | |
 | California. Supreme Court - 1908 - 1002 էջ
...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... | |
 | 1908 - 1288 էջ
...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... | |
 | Oklahoma. Criminal Court of Appeals - 1918 - 774 էջ
...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... | |
 | Oklahoma. Criminal Court of Appeals - 1919 - 776 էջ
...to establish the defense relied upon, to wit, self-defense. Section 5902, Rev. 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... | |
 | 1911 - 1136 էջ
...action, because the defendant had already very forcibly answered a similar question. lows: "(9) Upon trial for murder, the commission of the homicide by...mitigation, or that Justify or excuse it, devolves upon the defendant unless the proof upon the part of tue prosecution tends to show that the crime committed... | |
 | 1911 - 1332 էջ
...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...that the defendant was justifiable or excusable.' Following this it was stated: 'The law presumes every man to be innocent until his guilt is established... | |
| |
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... 
