22 Pa. Super. 269 | Pa. Super. Ct. | 1903
Opinion by
Complaint was made of that portion of the charge relating to the defense of alibi. When an accused resorts to this defense, which is affirmative in its nature, the evidence must
The instructions of the learned judge of the court below with regard to the general nature of this defense and the necessity for a careful consideration of the testimony were free from error. When, however, he came to instruct the jury as to the measure of proof required of the defendants, he imposed upon the latter a burden not warranted by modern criminal law. The court in speaking of this defense, said: “ Because it is usually made out by members of the family of the accused, the law says it must be made out very clearly and satisfactorily, that is,' that the proof must be pretty positive, that it must be such proof as will carry conviction to your minds and which should preponderate and fix pretty thoroughly the place that the defendants allege themselves to be; that the evidence must estab-
The judgment is reversed and a venire facias de novo awarded.