BURDEN OF PROOF. The duty of proving the facts in dispute on an issue raised between the parties in a cause.
Burden of proof is to be distinguished from prime fade evidence or a prima' facie case. Generally, when the latter is shown, the duty imposed upon the party having the burden will be satisfied; but it it not necessarily so. 6 Cush. Mass. 364; 11 Mete. Mass. 460; 22 Ala. 20; 7 Blackf. Ind. 427; 1 Mass. 61; 7 Bost. Law Rep. 439.
2. The burden of proof lies upon him who substantially asserts the affirmative of the issue, 1 Greenleaf, Ev. 74; 7 Eng. L. & Eq. 508; 3 Mees. & W. Exch. 510; but where tin plaintiff grounds his case on negative allege: tions, he has the burden. 1 Term, 141; 6 id 559 ; 2 Mauls & S. 395 ; 5 id. 206 ; 1 Campb 199 ; 1 Carr. & P. 220 ; 5 Barnew. & C. 758 ; Me. 134; 4 id. 226 ; 2 Pick. Mass. 103 ; 4 id 341 ; 5 Rich, S3. C. 57; 1 Greenleaf, Ey, 81 3. In criminal cases, on the twofold grount that a prosecutor must prove every fact ne cessary to substantiate his charge against I prisoner, and that the law will presume in nocence in the absence of convincing evi dence to the contrary, the burden of proof unless shifted by legislative interference, wil fall, in criminal proceedings, on the prose outing party, though in order to convict hi must necessarily have recourse to negative evidence. 1 Taylor, Ev. 344; 12 Wheat
460. The burden of proof is throughout of he government; to make out the whole case; Ind when a prima facie case is established, the burden of proof is not thereby shifted upon the defendant, and he is not bound to himself to that presumption of innocence in which he was at the commencement of the trial. 1 Bennett & H. Lead. Crim. Cas. 352. See 9 Mete. Mass. 93 ; 5 Cush. Mass. 290; 2 Gratt. Va. 594; 1 Wright, Ohio, 20; 5 Yerg. Tenn. 340; 16 Miss. 401.