 | 1905 - 2338 sider
...the plaintiff in error, and that the death of Hopkins was the result of the shot. This being true, the burden of proving circumstances of mitigation,...that Justify or excuse the homicide, will devolve upon the accused, unless it can be said that the proof on the part of the prosecution sufficiently... | |
 | 1905 - 1274 sider
...mitigation, or that Justify or excuse the homicide, will devolve upon the accused, unless It can be said that the proof on the part of the prosecution sufficiently manifests that the crime committed amounted only to manslaughter, or that the accused was Justified or excused In committing the homicide.... | |
 | United States - 1962 - 810 sider
...justification upon trial for murder 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. District Courts of Appeal - 1917 - 1108 sider
...Penal Code, which reads: "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. Supreme Court - 1893 - 792 sider
...provides that the burden of proving circumstances that justify or excuse the homicide devolve upon the accused, unless the proof on the part of the prosecution...the crime committed only amounts to manslaughter, etc. 6. SAME— proof of admissions before coroner's jury and preliminary examinations. Parol evidence... | |
 | Illinois. Supreme Court - 1906 - 712 sider
...accused and the deceased. 2. SAME—the burden of proving mitigating circumstances is on the accused. The killing being proved, the burden of proving circumstances...mitigation or that justify or excuse the homicide devolves on the accused, unless those facts are manifest from the proof on the part of the prosecution.... | |
 | Illinois. Supreme Court - 1881 - 730 sider
...require him to prove more than the statute itself requires. Section 155 of the Criminal Code declares, " the killing being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide,will devolve on the accused, unless the proof on the part of the prosecution sufftciently... | |
 | Illinois. Supreme Court - 1892 - 806 sider
...Where the killing of a human being is proved, the burden of proving circumstances in mitigation is upon the accused, unless the proof on the part of the prosecution sufficiently manifests that the crime only amounts to manslaughter. 4. SAME—self-defense—an instruction construed*—as, whether holding... | |
 | Illinois. Supreme Court - 1891 - 802 sider
...proved, the biirden of proving circumstances that justify or excuse the homicide will devolve upon the accused, unless the proof on the part of the prosecution sufficiently manifests that the accused was justified or excused in committing the homicide." is not open to the objection that it... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1908 - 738 sider
...Rev. Codes 1905, provides: "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, devolve 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... 
