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Co-workers said that Woods, "seemed like a mellow guy." To prove the killing was "deliberate and premeditated," it shall not be necessary to prove the defendant maturely and meaningfully reflected upon the gravity of his or her act. 189.5. (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. 190. (a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life.
Pages: 694
Publisher: iUniverse, Inc. (August 23, 2006)
ISBN: 0595384749
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