State v. Rosenbaum

ELLETT, Justice:

The appellant was convicted of the crime of burglary in the third degree and appeals to this court, claiming that the trial judge erred in giving the jury the following instruction :

Due to the very nature of the defense of alibi, in that it is easily fabricated and difficult to disprove, you should consider it with caution.

It has been held that a cautionary instruction regarding the defense of alibi such as that given in this case is not erroneous when other instructions correctly state the law. 1 However, such holdings are generally confined to jurisdictions where the trial…