State v. Latimer

The opinion of the Court was delivered by

Mr. Justice Woods.

- The defendant was convicted of assault and battery with intent to kill. The only assignment of error 'appears in the following exception: “That his Honor, the presiding Judge, erred in charging the jury that an alibi is an affirmative defense and as such has to be established by the greater weight of the evidence, when he should have charged that an alibi is a negative defense and in order to convict the State has to establish the guilt of the defendant beyond a reasonable doubt.”

The defense of alibi is an affirmative one and must…