Henderson v. State

Almand, Justice.

Special ground 1 of the motion for a new trial complains of the court’s charge on the law of alibi, and asserts that the charge was erroneous and harmful to the defendant, (a) because it injected into the case a contention and issue not made either by the plea or the evidence of the defendant; and (b) the charge put upon the defendant the burden of substantiating his statement to the jury by testimony independent of his statement.

The defendant in his statement to the jury said: “The niglit of this killing, the night it occurred, I was at home in my bed asleep. Next morning I…