23A-22-5. Burden of proof as to mitigation or excuse in homicide prosecution.
55 words·~1 min read·
/sd/title-23/chapter-23-22/23a-22-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In prosecutions for murder, after the prosecution has proved that a defendant committed the homicide, the burden of proving circumstances of mitigation, or that justify or excuse it, passes to the defendant, unless the proof of the prosecution shows that the crime committed only amounts to manslaughter or that the defendant was justified or excused.