Blackwell v. State

Browne, C. J.,

dissenting. — I cannot concur in the conclusion reached by the majority of the court in this case, or the reasons given for it.

I think the charge on alibi was harmful error. The Court, after correctly charging the law in relation to the defense of an a-Mbi, destroyed its effect and changed the rule by giving this' erroneous instruction: “The defense of an alibi is, of all other testimony, the most decisive when duly substantiated; but the evidence .adduced in support of it requires to be minutely considered, and must be such as to render it impossible that the crime could have…