Morris v. State

The corpus delicti was proven in this case without dispute; i. e., a whisky still complete and in operation and in the possession of parties there present who were exercising dominion or control over it. The defense was an alibi, and as to this issue the defendant offered much testimony tending to prove that he was not one of the parties present at the still at the time it was raided by the officers. After the evidence was all in, the court in its oral charge and as a part thereof charged the jury: “In the ordinary case of an alibi when a party charged with a crime attempts to prove that he…