State v. Green

Defendant assigns as error the failure of the judge to charge on alibi substantially as set out in State v. Spencer, 256 N.C. 487, 489, 124 S.E. 2d 175, 177:

“An accused, who relies on an alibi, does not have the burden of proving it. It is incumbent upon the State to satisfy the jury beyond a reasonable doubt on the whole evidence that such accused is guilty. If the evidence of alibi, in connection with all the other testimony in the case, leaves the jury with a reasonable doubt of the guilt of the accused, the State fails to carry the burden of proof imposed upon it by law, and the accused…