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 4031884Full view - About this book
| Illinois - Illinois - 1845 - 766 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... | |
| William H. R. Wood - Law - 1857 - 834 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... | |
| Nebraska - Session laws - 1859 - 464 pages
...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... | |
| Montana - Session laws - 1866 - 802 pages
...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... | |
| Idaho, Idaho Territory - Law - 1866 - 534 pages
...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... | |
| Montana (Ter.) - Law - 1866 - 792 pages
...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... | |
| Nevada. Supreme Court - Law reports, digests, etc - 1870 - 514 pages
...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... | |
| California - Criminal law - 1872 - 698 pages
...the 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... | |
| Nevada. Supreme Court - Law reports, digests, etc - 1873 - 436 pages
...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... | |
| California - Criminal law - 1874 - 712 pages
...alleged 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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