Ware v. State
Supreme Court of Georgia
Criminal Law. Alibi. New Trial. Before Judge UNDERWOOD. Floyd Superior Court. March Term, 1881. Reported in the decision.
1Opinion of the Court
Speer, Justice.
The plaintiff in error was indicted and tried for the offense of assault with intent to commit a rape. Under the evidence and charge of the court, the jury found the defendant guilty, whereupon defendant made a motion for a new trial on the folllowing grounds:
(i.) That the verdict is contrary to the evidence, and without evidence to support it.
(2.) That said verdict is decidedly against the weight of evidence.
(3.) The court erred in charging the jury “that when a defendant undertook to set up an alibi in his defense, the burthen of proof is upon him to do it, and he must show…
2Cases cited1 opinion
- Johnson v. StateSupreme Court of Georgia · 1877
3Cited by16 opinions
- Dorsey v. StateSupreme Court of Georgia · 1899
- Smith v. StateCourt of Appeals of Georgia · 1907
- State v. BallouSupreme Court of Rhode Island · 1898
- Ware v. StateSupreme Court of Arkansas · 1894
- Coleman v. the Territory of OklahomaSupreme Court of Oklahoma · 1897
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