 | California - 1872 - 698 Seiten
...y alleged in the indictacts alleged is proved; in the indictment may1 105. 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... | |
 | California - 1874 - 712 Seiten
...overt acts not alleged in the indictment may be given in evidence. 1 105. 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... | |
 | California, Theodore Henry Hittell - 1876 - 986 Seiten
...evidence. 14.105. When burden of proof shifts in trials for murder. SEC. 1105. Upon a trial for murder, of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the... | |
 | 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 Seiten
...burden of proof, are as follows: The statute of this territory provides that "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... | |
 | California, Robert Desty - 1881 - 862 Seiten
...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 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... | |
 | California - 1881 - 806 Seiten
...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 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... | |
 | 1884 - 1006 Seiten
...perfectly peaceable manner, according to the testimony of eye- witnesses. " 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... | |
 | California - 1886 - 992 Seiten
...Cal. 293. 1105. When burden of proof shifts in trials for murder. SEO. 1105. 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... | |
 | 1892 - 1254 Seiten
...proposition the defendant's counsel excepted. The law ol this territory is : "Upon a trial for murder, tbe 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, un1еян the proof on the part of the... | |
 | James Henry Deering - 1900 - 892 Seiten
...for the prosecution to take the case ont of the rule declared in section 1105 of the Penal Code, that "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... | |
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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... 
