Viliborghi V. State

The evidence introduced by the state in its case in chief tended to show the following facts: Deceased, one Alfredo Carrion, a Mexican boy about sixteen years old, and two companions of about the same age had attended a moving picture show the evening of the homicide. On their way home they decided to run a race, and did so, finishing the race in front of a store owned by defendant. While standing there talking together, a shot was fired from the interior of the store and deceased fell to the ground. His companions ran home and informed deceased's parents and notified the police, thereafter returning to the store, where they found the body of deceased, the cause of death being a gunshot wound in the brain. Defendant was arrested, and while he was under arrest admitted to various witnesses that he fired the shot which killed the deceased. This, of course, under the statute was sufficient to make a prima facie case of second degree murder, and put upon defendant the burden of proving circumstances of mitigation, or that justified or excused the killing. Section 5050, Rev. Code 1928.