Cal. PEN § 189.5
This is the official text of Cal. PEN § 189.5, part of California’s Penal Code — defines crimes and sets criminal procedure in California.
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Official statutory text
(a) 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 the defendant, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
(b) Nothing in this section shall apply to or affect any proceeding under Section 190.3 or 190.4.
(b) Nothing in this section shall apply to or affect any proceeding under Section 190.3 or 190.4.
Status: in_force · Read it on the official government site
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