Hale v. State

Russell, Judge.

The defendant was convicted of burglary. The general grounds of the motion for new trial are abandoned, and the sole special ground attacks a portion of the charge to the effect that “the burden is on the defendant to establish his own alibi by a preponderance of the evidence and to the reasonable satisfaction of the jury but it need not be proven beyond a reasonable doubt.” The court also charged: “If the defendant has established an alibi to your reasonable satisfaction, it would entitle him to an acquittal in this case. But whether the alibi has been established or not, the…