Commonwealth v. Gutshall
Superior Court of Pennsylvania
Appeal, No. 22, March T., 1903, by defendants, from judgment of O. & T. Perry Co., on verdict of guilty in case of Commonwealth v. Jeremiah Gutshall and Ellis Yohn. Indictment for burglary. Before Schull, P. J. At the trial the defendants relie'd upon testimony offered to show-an alibi.
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Appeal, No. 22, March T., 1903, by defendants, from judgment of O. & T. Perry Co., on verdict of guilty in case of Commonwealth v. Jeremiah Gutshall and Ellis Yohn. Indictment for burglary. Before Schull, P. J. At the trial the defendants relie'd upon testimony offered to show-an alibi. The court charged in part as follows: [The defense in this case is what is known in the law as an alibi, that is, that the defendants were elsewhere at the time of the commission of the crime. No person can be at two places at one and the same time. These defendants could not be at the premises of Jeremiah…
1Opinion of the Court
Opinion by
W. D. Pouter, J.,
Complaint was made of that portion of the charge relating to the defense of alibi. When an accused resorts to this defense, which is affirmative in its nature, the evidence must *272cover the time when the offense is shown to have been committed, so as to preclude the possibility of the prisoner’s presence at the time and place of the crime. The defendant makes no admission of guilt by setting up an alibi, yet the value of the defense consists in its showing that he was absent from the place where the deed was done, at the very time of its commission ; for if it be…
2Cases cited7 opinions
- Commonwealth v. GeradeAllegheny County Court of Oyer and Terminer · 1891
- Fife, Jones & Stewart v. CommonwealthSupreme Court of Pennsylvania · 1857
- Rudy v. CommonwealthLancaster County Court of Oyer and Terminer · 1889
- Turner v. CommonwealthSupreme Court of Pennsylvania · 1878
- Watson v. CommonwealthSupreme Court of Pennsylvania · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. BarrishSupreme Court of Pennsylvania · 1929
- Commonwealth v. SaldutteSuperior Court of Pennsylvania · 1939
- Commonwealth v. StewartSuperior Court of Pennsylvania · 1932
- Commonwealth v. LarueSuperior Court of Pennsylvania · 1945
- Commonwealth v. SpadaroSuperior Court of Pennsylvania · 1928
1 more not listed; retrieve them via the Exa API.