55 Ala. 222 | Ala. | 1876
Exception was taken in the City Court to the instructions of the judge, “that the jury should consider the evidence of an a‘ibi with great caution; that the law so considered it, for the reason that it was so easily
The Supreme Court of Tennessee held, that “the defense of an alibi, though necessarily conclusive, if clearly, certainly, and fully established, is one so liable to abuse, from the ease with which it is concocted when a design exists to practice a fraud on the State, and even when that design does not exist, by ignorant mistakes as to the particular hour and lapse of time, that it requires great strictness and attention on the part of the court and jury, to avoid being frequently misled by it.” This is another, but more forcible, mode of expressing the same ideas that are embodied in the charge objected to. There is no error in calling to them in a proper case, such as this was, and in the manner employed by the City Court, the attention of a jury whose duty it is to render a “true verdict, according to the evidence.” They were not so-insisted on as unduly to influence the jury.
There was nothing said by the judge, in this response, that could mislead the jury to the prejudice of defendant. It rather tended to support his claim, that he had bought the mutton; and the bill of exceptions shows, that the evidence was not misstated. The only reason that we can imagine (there is no argument or brief on behalf of appellant showing any) for taking this exception, is, that it was supposed to be wrong in the court to remind the jury of evidence that had been given, by mentioning it to them. On the contrary, it may be often the duty of a judge to do this ; and he is authorized by statute to do so, in cases like the present. By section 2678 of the Revised Code, it is enacted: “The court may state to the jury the law of the case, and may. also state the evidence, where the same is disputed; but shall not charge on the effect of the testimony, unless required to do so by one of the parties.”
We find no error in the record, and the judgment is affirmed.