State v. Rosi

— Two errors are assigned by appellant to obtain a reversal of tbe verdict and judgment of guilty in the court below.

Tbe first is based upon an instruction to tbe jury, excepted to by appellant, and tbe second is based upon tbe refusal of tbe court to grant a new trial for tbe alleged error contained in tbe instruction assailed.

Tbe instruction complained of is as follows:

“A defense interposed by tbe defendant in this case is an alibi; that is, that tbe defendant was at another place at tbe identical time tbe crime was committed, if committed at all.

“When tbe state makes out such a case as…