 | California. Supreme Court - 1906 - 772 sider
...of the Penal Code, casting upon the defendant charged with the commission of a homicide the hurden of proving circumstances of mitigation, or that justify or excuse the homicide, after the prosecution has shown the commission of the act charged, the defendant is only bound to produce... | |
 | California. Supreme Court - 1906 - 752 sider
...find that the defendant committed the homicide, the law presumes it to have been done with malice, and the burden of proving circumstances of mitigation, or that justify or excuse it, devolve upon him, unless the proof on the part of the prosecution tends to show that it only amounted... | |
 | California - 1907 - 1146 sider
...llOo, which provides that, "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... | |
 | 1908 - 1288 sider
...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 sider
...Criminal provides: "Upon a trial for murder the commission of the homicde by the defendant being 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... | |
 | Oklahoma. Criminal Court of Appeals - 1919 - 776 sider
...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 him, unless the proof on the part of the prosecution tends to show that the crime... | |
 | 1911 - 1332 sider
...intent. In this case, if you find from the evidence that the defendant struck the fatal blow, then the burden of proving circumstances of 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... | |
 | Arizona. Supreme Court - 1911 - 506 sider
...that the killing was the result of malice. The instruction, when carefully read, qualifies itself. The burden of proving circumstances of mitigation, or that justify or excuse the killing, and of which the appellant complains, does not, in the language of the instruction, devolve... | |
 | Abraham Clark Freeman - 1911 - 1230 sider
...provided that, "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 him, unless the proof on the part of the prosecution tends to show that the crime... | |
 | Burr W. Jones, Louis Horwitz - 1913 - 1090 sider
...1108 of the California Penal Code provides that upon a trial for murder, the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, it does not mean that he must prove such circumstances by a preponderance of... | |
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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... 
