 | 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... | |
 | 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... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 pages
...alleged is proved; but other overt acts not alleged in the indictment may be given in evidence. 14.105. G 1 14.106. Evidence on a trial for bigamy. SEC. 1106. Upon a trial for bigamy, it is not necessary to... | |
 | 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 - Law reports, digests, etc - 1890 - 658 pages
...justifiable or excusable. "If the killing of Mahoney by the defendant, Callaghan is admitted or proven, the burden of proving circumstances of mitigation,...only amounts to manslaughter, or that the defendant, Callaghan, was justifiable or excusable, in the act of killing. Up to the moment when the killing is... | |
 | Utah - Session laws - 1878 - 238 pages
...being Je'i en of he P ro< r >f. proved, the burden of proving circumstances of shlft f intri" "'" r mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecutions tends to show that the crime committed only amounts to manslaughter, or that the defendant... | |
 | California, Robert Desty - Criminal law - 1881 - 862 pages
...weight to 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...prosecution tends to show that the crime committed oniy amounts to manslaughter, or that the defendant was justifiable or excusable. Burden of proof.... | |
 | California - Criminal law - 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 - Criminal law - 1881 - 940 pages
...weight to 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...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 - Criminal law - 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,... | |
 | Law reports, digests, etc - 1884 - 1006 pages
...leaving the premises, in a perfectly peaceable manner, according to the testimony of eye- witnesses. " Upon a trial for murder, the commission of the homicide...that the defendant was justifiable or excusable:" Pen. C., 1105. We are unable to find any "proof on the part of the prosecution" which " tends to show... | |
| |
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... 
