I dissent. It is conceded by the majority opinion that a conclusion of accidental death follows from the disputable presumption that the killing was not criminal, but holds such conclusion was dispelled by the evidence for respondent that decedent was shot twice in the back — this constituting a "proved fact" within the meaning of the rule adopted by the opinion. It may be assumed on appeal that a fact is proved and such a presumption dispelled within the meaning of the rule when, for i…
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