People v. McCoy

(for reversal). My Sister M. S. Coleman has well and fully set forth the facts and issues in this case. However, I find reversible error in the judge’s alibi instruction and in his failure to balance his denigrating of the alibi defense with appropriate instructions on the credibility of an alleged accomplice, the prosecutor’s only witness putting defendant at the scene of the crime. Additionally, certain of the prosecutor’s remarks were less than proper.

I. THE ALIBI INSTRUCTION

The alibi instruction follows:

"The defense in this case it is claimed intends to show an alibi of the defendant.…