132 Ga. 237 | Ga. | 1909
Ed Eaysor was convicted of the murder of G. M. Kirkland. The homicide occurred about dusk on the afternoon of March 18, 1908. Late in the afternoon of that day a negro man, a stranger in the community, was arrested for misplacing a switch on the railroad near the station of Kingsland, in Camden county. He was carried before a magistrate, bound over to answer the offense of carrying a concealed weapon, and committed to< the custody of the deceased. The deceased took the person in his custody to an artesian well, and while the deceased was drinking water, the man in his custody suddenly snatched a pistol from the pocket of the deceased, and shot him. A few days thereafter the defendant was arrested in Savannah, Georgia, and brought to Camden county, where he was indicted and tried for the murder of Mr. Kirkland. On the trial the State introduced testimony tending to identify the defendant as the slayer. The defendant submitted testimony tending to prove that he was in Savannah at the time of the homicide, and that he was a man of good character. In his motion for a new trial the defendant complained that the court erred in charging on the subject of alibi. One of the instructions complained of was as follows: “Whenever alibi is set up as a defense by a defendant, the burden is upon him to prove his defense to the reasonable satisfaction of the jury; so that is a matter for you to determine from the evidence.” The error of this charge is alleged to consist in failing to further charge the jury that any evidence whatever of alibi should be considered on the general case with the rest of the tesimony, and, if a reasonable doubt of guilt be raised by the evidence as a whole, the doubt must be given in favor of innocence. The court also charged, “If you find the defendant’s contention is true and that this alibi has been established — that is that at the time of this homicide this defendant was, as is claimed by him, in the city
In Harrison v. State, 83 Ga. 130 (9 S. E. 542), Bleckley, C. J., after examining the prior adjudications of this court, formulated the rule on the subject of alibi as a defense as follows: "Touching alibi, the rule in Georgia as established by authority consists of two branches. The first is, that, to overcome proof of guilt strong enough to exclude all reasonable doubt, the onus is on the accused to verify his alleged alibi, not beyond a reasonable doubt, but to the reasonable satisfaction of the jury. The second is, that, nevertheless, any evidence whatever of alibi is to be •considered on the general case with the rest of the testimony, and if a reasonable doubt of guilt be raised by the evidence as a whole, the doubt must be given in favor of innocence.” And this court has since then refused to grant new trials on charges modeled ■on this analysis of the rule. Miles v. State, 93 Ga. 120 (19 S. E. 805, 44 Am. St. R. 140); Henderson v. State, 120 Ga. 506 (48 S. E. 167). The criticism of the charges sub judiee goes to the point that the court failed to instruct the jury that evidence introduced to establish the defense of alibi should be considered on the general case with the rest of the evidence, and that if a reasonable doubt of guilt be raised by the evidence as a whole, the doubt must be given in favor of innocence. Every instruction in a criminal case should make clear that the burden is on the prosecution to prove the defendant’s guilt of the crime charged beyond a reasonable doubt; and especially should there be no relaxation of the rule in cases where the defense of alibi is involved, and the jury are instructed that the onus is on the accused to prove his alleged alibi to their reasonable satisfaction. There should never be any confusion in the charge in presenting the distinction between the burden resting upon the State to prove the
The other assignments of error were without merit.
Judgment reversed.