State v. Reilly

For the reasons set forth below, I cannot concur in the principal opinion, and therefore would reverse the judgment and remand the case for a new trial.

I

The defendant took the stand to deny participation in the crime, asserting that he had been at a dance on the evening of the crime. Defendant’s alibi was corroborated by two witnesses. Defendant also exercised his valuable right of calling witnesses who claimed knowledge of his good character.1 He thus placed the state squarely on its burden of proving the charges beyond a reasonable doubt.

The state, of course, was entitled to rebut the…