 | Illinois - 1845 - 766 sider
...or excusable, the person indicted shall upon his trial be fully acquitted and discharged. SEC. 40. The killing being proved, the burden of proving circumstances...accused, unless the proof on the part of the prosecution sulh'ciently manifests that the crime committed only amounts to manslaughter, or that the accused was... | |
 | Illinois. Supreme Court - 1872 - 634 sider
...for murder, which rested on no other evidence than the aet of killing. The Criminal Code declares, " the killing being proved, the burden of proving circumstances...excuse the homicide, will devolve on the accused." It is plainly laid down in all works on criminal law, that on a charge of murder, malice is presumed... | |
 | Montana (Ter.) - 1866 - 792 sider
...or excusable homicide. the person indicted shall, upon his trial, be fully acquitted and discharged. SEC. 33. The killing being proved, the burden of proving...proof on the part of the prosecution sufficiently manifest that the crime committed only amounts to manslaughter, or that the accused was justified or... | |
 | Montana - 1866 - 802 sider
...justifiable or excusable, tho person indicted shall, upon his trial, be fully acquitted and discharged. SEC. 33. The killing being proved, the burden of proving...proof on the part of the prosecution sufficiently manifest that the crime committed only amounts to manslaughter, or that the accused was justified or... | |
 | Montana (Ter.) - 1872 - 802 sider
...or excusable, the person indicted shall, upon his trial, be fully acquitted and discharged. Sec. 40. The killing being proved, the burden of proving circumstances...proof on the part of the prosecution sufficiently manifest that the crime committed only amounts to manslaughter, or that the accused was justified or... | |
 | Montana - 1872 - 798 sider
...punished for the murder of such bastard child. Sec. 40. The killing being proved, the burden of pioving 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 manifest that the crime committed... | |
 | California - 1872 - 698 sider
...in the indictment may1 105. 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 crime... | |
 | Illinois - 1874 - 1270 sider
...trial, be fully acquitted and discharged. [RS 1845, p. 157, § 39. I .»«"». BURDEN OP PROOF.] §155. ive from justice, of the executive authority of arty...affidavit made before a magistrate of any state or ter manifesto that the crime committed only amounts to manslaughter, or that the accused was justified... | |
 | California - 1874 - 712 sider
...given in evidence. 1 105. 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 crime... | |
 | California, Theodore Henry Hittell - 1876 - 986 sider
...trials for murder. SEC. 1105. 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 crime... | |
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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... 
