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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... "
Acts of the Legislature of Puerto Rico - Page 125
by Puerto Rico - 1901
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Revised Statutes of the State of Illinois: Adopted by the General Assembly ...

Illinois - 1845 - 749 pages
...excusable, the person indicted shall upon his trial be fully acquitted and discharged. SEC. 40. 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 sulh'ciently...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 871 pages
...indicted shall, upon his trial, be fully acquitted and discharged. ART. 1897, Sec. 37. 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 sufficiently...
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Laws, joint resolutions, and memorials passed at the regular session of the ...

Nebraska - 1859
...justifiable or excusable homicide. Omu pntamu. 37. The killing being proved, malice shall be presumed and 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 sufficiently...
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Laws of the Territory of Idaho

Idaho, Idaho Territory - 1866
...the person indicted shall, upon his trial, be fully acquitted and discharged. SEC. 33. 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 sufficiently...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866
...tho person indicted shall, upon his trial, be fully acquitted and discharged. SEC. 33. 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 sufficiently...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866
...the person indicted shall, upon his trial, be fully acquitted and discharged. SEC. 33. 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 sufficiently...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 5

Nevada. Supreme Court - 1870
...amounts to manslaughter, or that the accused was justifiable or excused in committing the homicide, the burden of proving circumstances of mitigation, or that justify or excuse it, devolve upon the defendant. This burden being cast upon the defendant, it is not sufficient for him...
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The Penal Code of California

California - 1872 - 628 pages
...ctod unless one ged y alleged in the indictacts alleged is proved; in the indictment may1 105. Upon a trial for murder, the commission of the homicide...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...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volume 8

Nevada. Supreme Court - 1873
...358 before cited in connection with section thirty-three of the crimes act. " Sec. 33. 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 sufficiently...
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The Penal Code of the State of California

California - 1874 - 628 pages
...is proved; but other overt acts not alleged in the indictment may be given in evidence. 1 105. Upon a trial for murder, the commission of the homicide...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...
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