People v. Muggelberg

Judgment unanimously affirmed. Memorandum: The trial court did not err in refusing to grant defendant’s written request to charge the jury on the defense of alibi. The request was improper because it misstated the alleged alibi evidence. Contrary to the language of the requested instruction, none of the witnesses referred to gave evidence tending to show that defendant was elsewhere at the time the murder was committed or the body was disposed of. Moreover, there was no evidence of alibi in the record except defendant’s statement given to the police. Although defendant now contends that his…