The burden of proof is upon the prosecution to make out a prima facie case against the accused, no matter what his defense may be. But as a general rule when the prosecution has proved the killing and no evidence has been given tending to prove justification or other defense, a prima facie case will be regarded as having been established. All circumstances of justification, excuse or alleviation must be shown by the accused.83

But it has been held that proof of the mere abstract fact of the killing will not warrant a conviction.84

When the defense to the charge of an unlawful killing is insanity, self-defense or other affirmative defense, it devolves upon the accused to make out his defense. He must at least establish such facts and circumstances which, when considered in connection with all the other evidence introduced, will raise a reasonable doubt of the truth of the charge.85

In some of the states the accused must establish the defense of insanity by a preponderance of the evidence;85a also the defense of self-defense.86 And in some jurisdictions the defense of insanity must be shown beyond a reasonable doubt by the defendant, before it will avail him as a defense.87

82 Reg. vs. Alison, 8 C. & P., 418;

Nordgreen vs. People, 211

111., 425, 433; Hughes Cr. Law, Sec. 2454. 83 Hughes Cr. Law, Sec. 82, 83;

People vs. Rodrige, 69 Cal., 601. 84 Kent vs. People, 8 Colo., 563;

Maher vs. People, 10 Mich., 217 85 State vs. Crawford, 11 Kan., 32;

People vs. McCann, 16 N. Y., 58; Chase vs. People, 40 111., 353; People vs. Hellick, 126

Cal., 425. 85a Hughes Cr. Law, Sec. 85, 2435;

State vs. Scott, 49 La., 253;

State vs. Lewis, 20 Nev., 333. 86 State vs. Ballow, 20 R. I., 607;

Lewis vs. State, 120 Ala., 339.