...case if the jury were so instructed by the judge. Section 1105 of the Penal Code provides: "Upon the trial for murder, the commission of the homicide by...that the defendant was justifiable or excusable." Under the evidence placed before the jury by the prosecution, this was essentially a case covered by...

...prejudicial error, considering the nature of the issues, to give the following instructions: "Upon a trial for murder, the commission of the homicide...tends to show that the crime committed only amounts ti manslaughter, or that the defendant was justilied or excusable. But you will observe in this connection...

...acts not alleged, but connected with the offense charged, may lie given in evidence. SEC. 190. Upon a trial for murder, the commission of the homicide...circumstances of mitigation, or that justify or excuse it, it devolves upon him, unless the proof on the part of the prosecution tends to show that the crime...

...to, the court instructed the jury as follows: — "9. Upon a trial for murder, the commission of a homicide by the defendant being proved, the burden...excuse it, devolves upon him, unless the proof on. the LXXX. CAL.— 11 part of the prosecution tends to show that the crime committed only amounts to manslaughter,...

...section 1105 of the Penal Code, as follows: "Upon a trial for murder, the commission of the homicide toy the defendant being proved, the burden of proving...mitigation, or that justify or excuse it, devolves upon the defendant, unless the proof on the part of the prosecution tends to show that the crime committed...

...the circumstances of mitigation which may have been proved on the part of the prosecution, tending to show "that the crime committed only amounts to...that the defendant was justifiable or excusable," yet the charge of the court must be considered as a whole, and when so considered will be found, as...

...that there ia error in the foregoing instruction. Section 1105 of the Penal Code provides that " Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of Sept 1882.] PEOPLE v. HONG AH DUCK. 395 proving circumstances of mitigation, or that justify or excuse...

...a part of the courts of the state; In re Mitchell, 120 Cal. 390. 59 Cal. 601-608. PEOPLE v. SMITH. The commission of the homicide by the defendant being proved, the burden of proving circumstances in mitigation devolves upon him, unless the prosecution proves manslaughter, or its proof tends to...

...we are called on to consider and determine. 1. The court directed the jury as follows : — " Upon a trial for murder the commission of the homicide by the defendant being proved, the burdm of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless...

...1105 of the Penal Code provides that, where the commission of the homicide by the defendant has been proved, the burden of proving circumstances of mitigation or that Justify or excuse the killing devolves upon the defendant, but as to other crimes, In respect to which there is no similar...