State v. Johnson

I cannot agree with the majority in holding that the instruction given by the trial court as to alibi evidence is not prejudiciál. The instruction Is quoted in the'majority opinion and need not be repeated.

An alibi is not, accurately speaking, a defense though frequently designated as such. It is merely in rebuttal of the state’s evidence. Although easily fabricated, evidence as to an alibi is nevertheless legitimate and may be the only evidence available to disprove a false accusation. Cases dealing with instructions relating to the effect of failure to prove an alibi are collected in…