 | Stewart Rapalje - 1892 - 920 páginas
...and could not have been, the person who killed deceased. Now, if the evidence raises in your minds a reasonable doubt as to the presence of the defendant at the place where the deceased ,vas killed (if killed), at the time of such killing, then you should (b)... | |
 | 1899 - 1210 páginas
...believe this is a sufficient recitation of the facts to show there was a sharp conflict in the evidence as to the presence of the defendant at the time and place of the homicide. This issue was submitted to the Jury under appropriate Instructions, and the jury decided... | |
 | Ohio. Circuit Courts - 1897 - 794 páginas
...manifest a consciousness of guilt. Gawn v. State. 116 6. Burden of proof as to Alibi — Where proof of the presence of the defendant, at the time and place of the commission of an offense, is requisite to sustain a conviction, a charge to the jury, which puts upon... | |
 | 1909 - 1360 páginas
...the court expressly directed the jury that, if the evidence raised a reasonable doubt In their minds as to the presence of the defendant at the time and place where the crime was charged to have been committed, they would acquit him. 5. The objections to the... | |
 | Thomas Johnson Michie - 1914 - 768 páginas
...it, was properly refused. Saenz v. State (Cr. App.), 63 SW 316. 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... | |
 | Missouri. Supreme Court - 1913 - 872 páginas
...An instruction telling the jury that "if there is any evidence before you that raises in your minds a reasonable doubt as to the presence of the defendant at the time State v. Brown. and place where the crime is charged to have been committed, you will acquit the defendant,"... | |
 | Thomas Johnson Michie - 1913 - 852 páginas
...and could not have been, the person who killed deceased. Now, if the evidence raises in your minds a reasonable doubt as to the presence of the defendant at the place where the deceased was killed (if killed), at the time of such killing, then you should acquit... | |
 | 1914 - 1358 páginas
...acquit him." And still again in submitting alibi he charged: "If the evidence raises in your minds 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... | |
 | California. District Courts of Appeal - 1917 - 936 páginas
...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... | |
 | California. District Courts of Appeal - 1923 - 972 páginas
...committed it." It is argued that this instruction would lead the jury to believe that something more than a reasonable doubt as to the presence of the defendant at the time and place of the robbery was necessary for his acquittal ; that the jury might understand that a preponderance of evidence... | |
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If the evidence of an alibi in connection with all the other evidence raises a reasonable doubt of the presence of the defendant at the time and place of the crime he should be acquitted. 
