Legal Opinion

State v. Henry

Supreme Court of Iowa

Decided April 20, 1878PublishedCited by 1 opinion

Appeal from Wapello District Court. The defendant was convicted of the crime of burglariously entering a dwelling-house in the night-time with intent to steal, and now appeals to this court.

1Opinion of the CourtAdams, J.

1. criminal proof required Evidence was introduced by the appellant tending to prove an alibi. Upon the subject of alibi the court §ave an instruction, which is in these words: “The defense is that the defendant is not the person who committed the crime, and, in addition, that the State has failed to show that he was the person. He has, in defense, given evidence tending to show that he was at another and different place from that where the burglary was committed, and at the same hour or time it was committed. If so, then he could not be guilty, and if, from all the evidence in the case, you…

2Cases cited1 opinion

  1. State v. HardinSupreme Court of Iowa · 1877

3Cited by1 opinion

  1. State v. KirkpatrickSupreme Court of Iowa · 1887

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