Caraway v. State

On Rehearing.

The Attorney General in his brief filed on rehearing seems to have entirely misconceived the import of charge 3. The charge does not undertake to define the defense of alibi, which in law is a traverse of the material averments in the indictment that the defendant did or participated in the particular act charged, and is comprehended in the general plea of “Not guilty.” Albritton v. State, 94 Ala. 76, 10 South. 426. But the charge is upon the burden of proof, which in a criminal ease never changes from the state, to establish the guilt of the defendant, from the evidence, beyond…