(DOWNLOAD) "State v. Burrage" by Supreme Court of New Mexico * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Burrage
- Author : Supreme Court of New Mexico
- Release Date : January 05, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
"Now, for instance, as we started on the controversy the burden was on the State on the whole of the trial at that time to satisfy you Gentlemen first, among other things, before any burden, so to speak, left the State and rests or was cast as a laboring oar to the defendant, to satisfy you first that this defendant, or prisoner as he is called in a capital case, took the life of Miss Ola Lowder with a deadly weapon. (Now as an illustration, if during the progress of the trial you become satisfied beyond a reasonable doubt that Zeb Burrage, the prisoner, did take Miss Ola Lowders life with a deadly weapon, this pistol which I stated to you as a matter of law is a deadly weapon, then under that showing made by the State he was then looked upon by the State as guilty of murder in the second degree, nothing else appearing, then so far as that charge was concerned there thereafter was no burden on the State on the question of murder in the second degree, so he must -- for when that showing is made by the State beyond a reasonable doubt or is admitted by the prisoner charged with the crime then he must -- the law presuming malice from the use of a deadly weapon -- then there is cast upon him the burden of going forward and excluding the presumption that the State lodges against him under that showing made or of rebutting that presumption.)"