Brooks v. Haslam

Citations

• 65 Cal. 421
• 4 P. 399
• 1884 Cal. LEXIS 581

Syllabus

<p>Pleading—Bdbden of Pboof—Unlawful Shooting.—In an action for damages for killing a person, a denial of an allegation of the complaint that the defendant did the shooting wilfully, unlawfully, and maliciously, raises no issue, because the shooting, if not justifiable or excusable, was wilful, unlawful, and malicious; and when such denial is followed by an averment that the shooting was done in self-defense, the burden of proving the averment is on the defendant.</p>