Rubiano v. State

Banke, Judge.

The defendant, Joseph Anthony Thomas Rubiano, was convicted of armed robbery and kidnápping. He now appeals the denial of his motion for new trial.

At trial, the judge charged the jury as follows with regard to the defendant’s alibi defense: "Now, lady and gentlemen, if you believe the contentions of the defendant, that is, that he was not the one who committed these acts, it would be your duty to acquit.” The defendant contends that by charging the jury to acquit him if they believed his contentions, the trial judge placed a burden of persuasion on him in violation of the Supreme…