Johnson v. State
Supreme Court of Georgia
Ci’iminal law. Alibi. ' Charge of Court. Before Judge Eick Clarke Superior Court. February Adjourned Term, 1877. Johnson was indicted for the offense of simple larceny, alleged to have been committed, in stealing a cow. He was tried and convicted. His defense was an alibi. He moved for a new trial, upon numerous grounds.
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Ci’iminal law. Alibi. ' Charge of Court. Before Judge Eick Clarke Superior Court. February Adjourned Term, 1877. Johnson was indicted for the offense of simple larceny, alleged to have been committed, in stealing a cow. He was tried and convicted. His defense was an alibi. He moved for a new trial, upon numerous grounds. The tenth was, that the court erred in charging the jury, that if the proof of alibi does not exclude the possibility of defendant’s presence at the scene of the crime, then they ought not to allow the defendant’s plea. The motion was overruled, and the defendant excepted.…
1Opinion of the Court
Bleckley, Judge.
1. The defense of alibi rests on the proposition, that it was impossible for the prisoner to have been at the scene of the crime, because he was elsewhere. Unless he makes out the impossibility to the reasonable satisfaction of the jury, his defense is a failure. The proof .must have such range, as to time and place, that it would be- out of the power of the prisoner to have been where the proof of alibi places him, and also at the scene of the crime. This is what the court meant in the brief extract from the charge, recited in the tenth ground of the motion for new trial.…
2Cases cited2 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- Smith v. OverbySupreme Court of Georgia · 1860
3Cited by16 opinions
- Harrison v. StateSupreme Court of Georgia · 1889
- Jack Henry Smith v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1972
- Smith v. StateCourt of Appeals of Georgia · 1907
- Jackson v. StateSupreme Court of Georgia · 1879
- Sligh v. StateSupreme Court of Georgia · 1930
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