This case has been cited 1 times or more.
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2015-09-02 |
MENDOZA, J. |
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| Self-defense, when invoked as a justifying circumstance, implies the admission by the accused that he committed the criminal act. Generally, the burden lies upon the prosecution to prove the guilt of the accused beyond reasonable doubt rather than upon the accused that he was in fact innocent. When the accused, however, admits killing the victim, it is incumbent upon him to prove any claimed justifying circumstance by clear and convincing evidence.[13] Well-settled is the rule that in criminal cases, self-defense shifts the burden of proof from the prosecution to the defense.[14] | |||||