...testimony of eye- witnesses. " 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...

...the criminal practice act provides : "Upon a trial for murder, the commission of the homicide boiug proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless tlie proof on the part of the prosecution tends to show that the crime...

...supra. • As was said in that case, page 164: "The section [1105, Pen. Code.] 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 cii-cumstances by a preponderance...

...instructed the jury as follows: " (9) Upon a trial for murder the commission of a homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify cr excuse it, devolves upon him, uniese the proof on the part of the prosecution tends to show that...

...required bj Crim. Codet g 155 ; Hurd's Rev. St. 1005, c. 38, ! 155, placing on one accused of homicide the burden of proving circumstances of mitigation or that justify or excuse the homicide, unless the proof on the part of the state sufficiently shows the crime to be only manslaughter, or...

...justifiable or excusable. " If the killing of Mahoney by the defendant, Callaghan, is admitted or proven, 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...

...the common experience of mankind." Referring now to section 36 of the statute, which provides that, "the killing being proved, the burden of proving circumstances...sufficiently manifests that the crime committed only amounted to manslaughter, or that the accused was justified or excused in committing the homicide,"...

...trials for murder. SEO. 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...

...court erred in modifying the following instruction asked by defendant: •'5. You have been told that, the killing being proved, the burden of proving circumstances of mitigation or justification is on the defendant. This does not, however, mean that the burden is on the defendant...

...are of the second degree. Upon a trial for mnrder, the commission of the homicide of 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 prosecution tends to show that the crime committed amounts...