 | Illinois - 1845 - 766 lapas
...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 - 1857 - 834 lapas
...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 - 1859 - 464 lapas
...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 - 1866 - 802 lapas
...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 - 1866 - 534 lapas
...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.) - 1866 - 792 lapas
...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 - 1870 - 514 lapas
...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... | |
 | Nevada. Supreme Court - 1873 - 436 lapas
...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... | |
 | Illinois - 1874 - 1270 lapas
...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... | |
 | Ira M. Moore - 1876 - 920 lapas
...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... | |
| |
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... 
