People v. Portenga

Defendant was convicted of committing an assault with intent to commit the crime of rape. His defense was an alibi. He asks to have the conviction set aside on the ground that the court erred in charging the jury as follows:

“The defense in this case, gentlemen, — one of the defenses introduced here, or a train of circumstances that has been presented here, — tends to show an alibi of the defendant here, as claimed by the defendant. That is a defense which is legitimate. If it is true that this defendant was not in a condition so that he could have committed the crime, that should be a perfect…