People v. Crofoot

A new. trial should be granted in this case.

Defendant requested the following instruction:

“Where the testimony is directly conflicting and both versions, as given to you, cannot be true, and there is reasonable doubt as to which story is true, it is your duty to accept that version which is consistent with the innocence of the defendant.”

The instruction was refused and nothing equally informative given. The instruction should have been given. If the testimony supporting an alibi accomplished no more than to create a reasonable doubt, defendant was entitled to acquittal. People v. Marvill, 236…