Supreme Court of Arkansas February 24, 1908 (Thomas v. State)

BaTTrE, J.

Will Thomas was indicted for murder in the first degree and convicted of manslaughter.

In its charge to the jury the court read section 1765 of Kirby’s Digest, as follows: “The killing being proved, the burden of proving circumstances of mitigation that justify or excuse the homicide shall devolve on the accused, unless by the proof on the part of the prosecution it is sufficiently