State v. Milosevich

The sole question involved is whether the court erred in giving the following instruction:

“The defense of alibi, which is referred to in law as alibi has been introduced here by the defendants, they introduce here facts which if proven and considered as true by the jury would indicate that they were at a place other than shown and declared by the state, and that raises the presumption that the crime could not have been committed by them at the time it is charged. And in that connection the Court instructs you, that the defense of alibi is entirely, right and a proper defense and should be…