Prince v. State

The defendant was convicted of murder in the first degree and sentenced to suffer imprisonment in the penitentiary for life. There was evidence introduced by the defendant which tended to support the defense of an aiibi. In its oral charge the court instructed the jury “that if the defendant has failed to establish his alibi through the perjury,, or through the want of recollection of his witnesses it is a circumstance against him,” &c. We presume the court intended to declare the proposition, that where a defendant attempts to sustain the defense of an alibi by resort*146ing to perjury, &c.,…