| Illinois - 1845 - 766 páginas
...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 páginas
...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 páginas
...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 (Ter.) - 1866 - 792 páginas
...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... | |
| Idaho, Idaho Territory - 1866 - 534 páginas
...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 - 1866 - 802 páginas
...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... | |
| Nevada. Supreme Court - 1870 - 514 páginas
...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 páginas
...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 - 1874 - 712 páginas
...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...crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable. NOTE.— State. 1850, p. 229, Sec. 37. Evidence 1106. Upon... | |
| Illinois - 1874 - 1270 páginas
...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... | |
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