Spencer v. State
Supreme Court of Alabama
From the City Court of Mobile. Tried before the Hon. C. F. Moulton. The prisoner in this case was indicted for arson, was convicted, and sentenced to imprisonment in the penitentiary for the term of seven years.
Read the full summary
From the City Court of Mobile. Tried before the Hon. C. F. Moulton. The prisoner in this case was indicted for arson, was convicted, and sentenced to imprisonment in the penitentiary for the term of seven years. The bill of exceptions shows that the defendant offered evidence tending to prove an alibi on his part; and that the court charged the jury, in reference to this defence, as follows: “ The defence of an alibi, which the law always looks upon with suspicion, must show to the satisfaction of the jury that it was a physical impossibility for the prisoner to have committed the crime,…
1Opinion of the CourtPeters, C. J.
The only question of any grave import in this case arises out of the charge given by the court, at the instance of the prosecuting attorney, in reference to the defence of an alibi. The charge cannot be sustained. An alibi should be proven, just as any other fact connected with the prosecution or defence should be proven; that is, “ to the satisfaction of the jury.” But the charge is calculated to weaken the force of the evidence in behalf of the accused, and is, so far, an invasion of the province of the jury. It is by no means a conceded principle of law, that the defence of an alibi “ is…
2Cases cited2 opinions
- Ex parte ChaseSupreme Court of Alabama · 1869
- Williams v. StateSupreme Court of Alabama · 1872
3Cited by9 opinions
- Leach v. StateAlabama Court of Appeals · 1944
- Leach v. StateSupreme Court of Alabama · 1944
- Ragland v. StateSupreme Court of Alabama · 1939
- Johnson v. StateAlabama Court of Appeals · 1931
- Henry v. StateNebraska Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.