...DEFENDANT AT PLACE OF CRIME. If the proof as to the alibi in connection with all of the other proof raised a reasonable doubt as to the presence of the defendant at the place of the crime, he was entitled to an acquittal. (4.) SAME — RIGHT TO SPEEDY TRIAL. Where the...

...refused to give the following instruction: "The court instructs the jury that the burden of proving the presence of the defendant at the time and place of the alleged murder devolves upon the state, and the state must prove beyond a reasonable doubt that he...

...was sufficient to entitle him to a verdict of not guilty If the proof raised in the minds of the Jury a reasonable doubt as to the presence of the defendant at the place where the crime was alleged to have been committed and at the time referred to in the information....

...defendant, Rrauneis, is absolutely true, yet if, upon all of the evidence in the case, the jury entertain a reasonable doubt as to the presence of the defendant at the time the alleged assault was committed, in consequence of the doubt raised by such alibi evidence, then...

...could not have been the person or party who took the horse, and if the evidence raises in your minds a reasonable doubt as to the presence of the defendant at the place where the horse was taken at the time of such taking, you will find him not guilty." The motion...

...the evidence was Insufficient to raise the issue of variance. 4. A charge that, if the jury entertain a reasonable doubt as to the presence of the defendant at the time and place of the killing, they should give defendant the benefit of such doubt, and acquit him, is not erroneous, as...

...may be considered together. The case is purely one of circumstantial evidence. No witness testified to the presence of the defendant at the time and place of the homicide. Evidence for the defendant expressly excludes his presence. We deem it hnrdly necessary to...

...and could not have been, the person who committed the same. Now, If the evidence raises in your mind a reasonable doubt as to the presence of the defendant at the place where the offense was committed at the time of the commission thereof, you will find him not...

...upon the defendant If the proof as to the alibi, In connection with all of the other proof, raised a reasonable doubt as to the presence of the defendant at the place of the crime, the defendant was entitled to an acquittal." The evidence for the prosecution rested...

...offered by the defendant tending to prove an alibi; and if upon all the evidence the jury entertained a reasonable doubt as to the presence of the defendant at the fire they were to acquit." The charge was held to be correct. See also State v. MeUrackcn.. 66 Iowa,...