State v. Ardoin

The opinion of the court on rehearing was delivered by

Blanchard, J.

The Judgment appealed from having been affirmed, a review of the ease, on the application for rehearing, induced the court to grant the rehearing; and now, on a further consideration, we have become satisfied of the incorrectness of some of the views expressed in our former opinion relating to the law governing the defence of alibi.

We now hold that it was error for the judge a quo to charge that:

“ It is obviously essential to the satisfactory proof of an alibi that it should cover the whole of the transaction in question, so…