Skip to main content

California Code, Penal Code - PEN § 189.5

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(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.

Cite this article: FindLaw.com - California Code, Penal Code - PEN § 189.5 - last updated January 01, 2019 | https://codes.findlaw.com/ca/penal-code/pen-sect-189-5/


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard