McKeone v. People

The defense in this case undertakes to establish an alibi. No effort is made by defendant to show justification, or to explain the circumstances surrounding the transaction. The only testimony as to the assault is that of the prosecuting witness O’Neal, and he is uncon.tradicted, save as to the question of identity. This testi*347mony establishes an unprovoked, premeditated and inhuman attempt to assassinate him.

O’Neal is the first witness. At the time of his cross-examination, no controversy or uncertainty appeared in the case, even as to defendant’s identity with the assailant. Yet on this…