Nev. Rev. Stat. » NRS: CHAPTER 200 - CRIMES AGAINST THE PERSON
Nevada Revised Statutes

Nev. Rev. Stat. § 200.170 (2026)

Burden of proving circumstances of mitigation or justifiable or excusable homicide

✓ current as of July 2026
Find cases: SyfertCases citing this section NRSleg.state.nv.us (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
NRS 200.170  Burden of proving circumstances of mitigation or justifiable or excusable homicide.  The killing of the deceased named in the indictment or information by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently manifests that the crime committed only amounts to manslaughter, or that the accused was justified, or excused in committing the homicide.

      [1911 C&P § 134; A 1951, 524]

     

Notes of Decisions
Cited in 4 cases, 1962–1981 · leading case: Kelso v. State, 588 P.2d 1035 (Nev. 1979).
Sort: Relevance Newest Treatment
Kelso v. State, 588 P.2d 1035 (Nev. 1979). · cites it 2× “The instruction’s language apparently is derived from NRS 200.170. 7 In White v. State, 82 Nev.”
Phillips v. State, 475 P.2d 671 (Nev. 1970). · cites it 2× “170 as follows: “The killing of the deceased named in the indictment or information by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the…”
State v. Fuchs, 368 P.2d 869 (Nev. 1962). “The accused, respondent here, earnestly contends that such statement constituted proof by the prosecution establishing a justifiable or excusable homicide, NRS 200.170, in the defense of another, NRS 200.”
Robertson v. State, 625 P.2d 565 (Nev. 1981). · cites it 2× “The appellant proposed the following instruction as a substitute for instructions 25 and 26: “If, after consideration of all of the evidence, you have a reasonable doubt as to whether or not the defendant acted in self-defense, you must return a verdict of acquittal.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.