State v. . Reitz
Supreme Court of North Carolina
INDICTMENT for burning a barn tried at Spring Term, 1880, of Rutherford Superior Court, before McKoy, J. The defendant was indicted for burning a barn. The evidence against him was circumstantial and he relied for his defence upon an alibi. His Honor charged the jury in regard to an alibi, thát if proved and established by testimony, it was the most complete and satisfactory defence that could be made; that when' not complete, it could not avail the defendant.
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INDICTMENT for burning a barn tried at Spring Term, 1880, of Rutherford Superior Court, before McKoy, J. The defendant was indicted for burning a barn. The evidence against him was circumstantial and he relied for his defence upon an alibi. His Honor charged the jury in regard to an alibi, thát if proved and established by testimony, it was the most complete and satisfactory defence that could be made; that when' not complete, it could not avail the defendant. Whether an alibi is proved is a question for the jury. It is the duty of the jury to weigh the whole testimony, and if there is a…
1Opinion of the CourtAshe, J.
We suppose the exception to the charge was .to-that part which stated that when an alibi is not complete it cannot avail the defendant. We see no error in this, for the evidence offered against the defendant was-circumstantial and must have raised a stro-ng presumption of his guilt, or he would not have been driven to the defence of an alibi. If the proof was of such a- character as to raise a violent presumption it would behoove the defendant to mate proof of his alibi to the full satisfaction of the jury, and that is what we understand is meant by making complete proof of the fact, and so…
2Cases cited1 opinion
- State v. FolwellSupreme Court of Kansas · 1874
3Cited by29 opinions
- State v. WardSupreme Court of Vermont · 1888
- State v. HuntSupreme Court of North Carolina · 1973
- State v. AtkinsonSupreme Court of North Carolina · 1979
- State v. PalmerSupreme Court of North Carolina · 1949
- State v. . McNairSupreme Court of North Carolina · 1885
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