 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 125by Puerto Rico - 1901Full view - About this book
 | Illinois - 1874 - 1270 pages
...acquitted and discharged. [RS 1845, p. 157, § 39. I .»«"». BURDEN OP PROOF.] §155. The killing tice, of the executive authority of arty state or territory to which such person has fled, the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently... | |
 | California, Theodore Henry Hittell - 1876 - 986 pages
...may be given in evidence. 14.105. When burden of proof shifts in trials for murder. SEC. 1105. Upon H 1 14.106. Evidence on a trial for bigamy. SEC. 1106. Upon a trial for bigamy, it is not necessary to... | |
 | Ira M. Moore - 1876 - 920 pages
...v. Benham, 23 Iowa, 155. 4 RS, 375, § 158. «Id., §154. §361. Bnrden of Proof. — "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... | |
 | 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
...following section of the Criminal Code: "Upon a trial for murder, the commission of the homicide by defendant being proved, the burden of proving circumstances of mitigation, or that justify or exciise it, devolves upon him, unless proof on the part of the prosecution tends to show that the crime... | |
 | Utah - 1878 - 238 pages
...but other overt acts not alleged in the inindictment may be given in evidence. acv. SEC. 268.—Upon a trial for murder, the commission of the homicide by the defendant being Je'i en of he P ro< r >f. proved, the burden of proving circumstances of shlft f intri" "'" r mitigation,... | |
 | California, Robert Desty - 1881 - 862 pages
...the declarations of a co-conspirator, not on trial, as if he were on trial— 49 Cal. &. 1105. Upon a trial for murder, the commission of the homicide...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 - 806 pages
...People v. Stanley, 47 Cal. 113; People v. Anthony, 5 Pac. CLJ 265. 1105. Upon a (rial for murder, Hie commission of the homicide by the defendant being...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 - 1881 - 940 pages
...the declarations of a co-conspirator, not on trial, as if ho were on trial— 49 Cal. 650. 1105. Upon a trial for murder, the commission of the homicide...or excuse it, devolves upon him, unless the proof onthe part of the prosecution tends to show that the crime committed only amounts to manslaughter,... | |
 | California - 1881 - 820 pages
...265. 1105. Upon a trial for murder, the commission of the bonricidc by the defendant being proved, tbe burden of proving circumstances of mitigation, or...that justify or 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,... | |
 | 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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