This case has been cited 1 times or more.
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2007-02-06 |
TINGA, J. |
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| We find that appellant has miserably failed to demonstrate that the death of Nicolas had occurred on the occasion of a legitimate self-defense on his part. The accused, in cases of self-defense, must rely on the strength of his own evidence and not on the weakness of the prosecution's evidence since he admits the commission of the alleged criminal act.[31] One who admits the infliction of injuries which caused the death of another has the burden of proving self-defense with sufficient and convincing evidence, for even if the evidence of the prosecution were weak, it could not be disbelieved after the accused himself had admitted the killing.[32] Self-defense, like alibi, is a defense which can easily be concocted. If the accused's evidence is of doubtful veracity, and it is not clear and convincing, the defense must necessarily fail.[33] | |||||