Commonwealth v. Johnson

Opinion by

Mr. Chief Justice Jones,

The defendant was convicted of burglary and larceny. On his appeal to the Superior Court from the judgment of sentence, he assigned for error several matters, one of which was the court’s charge on the defense of alibi. Because of the view the Superior Court took concerning the charge on alibi, discussion of the other questions raised by the appellant was deemed unnecessary.

The Superior Court expressly recognized “that the charge of the court below [on alibi], at the time it was given, substantially complied with the law” but concluded that “when tested by…