People v. Tidwell

Appeal from convictions, one defendant for murder in tlie second degree, tbe other defendant for voluntary manslaughter in the district court of the first district. The opinion states the facts, except the following: The instructions given by the court upon the subject of the 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 prosecution tends to…