California statute
Cal. Penal Code § 189.5
Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
Part of Chapter 1: Homicide, California Penal Code.
Full text of Cal. Penal Code § 189.5
Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.
(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.
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