 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 Pacific Reporter - Page 2081890Full view - About this book
 | California - 1872 - 698 pages
...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...manslaughter, or that the defendant was justifiable or exc NOTE.— Stats. 1850, p. 229, Sec. 37. Evidence 1 106. Upon a trial for bigamy, it is not on n... | |
 | California - 1874 - 712 pages
...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...or that the defendant was justifiable or excusable. NOTE.— State. 1850, p. 229, Sec. 37. Evidence 1106. Upon a trial for bigamy, it is not necessary... | |
 | California, Theodore Henry Hittell - 1876 - 986 pages
...defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, D 1 14.106. Evidence on a trial for bigamy. SEC. 1106. Upon a trial for bigamy, it is not necessary to... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1890 - 658 pages
...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...only amounts to manslaughter, or that the defendant, Callaghan, was justifiable or excusable, in the act of killing. Up to the moment when the killing is... | |
 | Utah - 1878 - 238 pages
...mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecutions tends to show that the crime committed only amounts...or that the defendant was justifiable or excusable. L , . . A ' -ii murder. SEC. 269.—Upon a trial for forging any bill or note, purporting to be the... | |
 | California - 1881 - 940 pages
...circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof onthe part of the prosecution tends to show that the crime...or that the defendant was justifiable or excusable. Burden of proof. -The law presumes an unlawful latent primarily, and the defense must show Justification... | |
 | California - 1881 - 806 pages
...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...tends to show that the crime committed only amounts to mar:fslaughter, or that the defendant was justifiable or excusable. 3. Manslaughter.—Sec. 192, n.... | |
 | California, Robert Desty - 1881 - 862 pages
...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...prosecution tends to show that the crime committed oniy amounts to manslaughter, or that the defendant was justifiable or excusable. Burden of proof.... | |
 | California - 1881 - 820 pages
...excuse it, devolves upon him, unless tbe proof on the part of tbe prosecution tends to show that tbe crime committed only amounts to manslaughter, or that the defendant was justifiable or esc-usable. 1. Manslaughter.— Sec. 192, n. 2. Excusable Homicide.— Sec. 195, n. ?. Justifiable... | |
 | Nevada. Supreme Court - 1881 - 540 pages
...circumstances that justify or excuse the homicide, and consequently acquit and discharge the defendant, devolves upon him, unless the proof on the part of the prosecution sufficiently manifests that he was justified or excused in committing the homicide. It is plain that,... | |
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