Cangelosi v. United States

Cangelosi’s meritorious defense was a complete denial of the alleged sale and transportation of intoxicating liquor; and the denial was supported by his own testimony and that of other witnesses that at the critical time he was not at the place charged, but was elsewhere. The court charged the jury that every element of the offense, including respondent’s presence at the time and place involved, must be proved beyond a reasonable doubt, but also charged that the defense of an alibi must be established by clear and satisfactory evidence. While a jury may be properly cautioned as to…