(DOWNLOAD) "State v. Peters" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Peters
- Author : Supreme Court of Kansas
- Release Date : January 14, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
The opinion of the court was delivered by Walter M. Peters appeals from his conviction by a jury of one count of aggravated robbery (K.S.A. 21-3427). The single issue on appeal is whether the trial court committed reversible error in giving an alibi defense instruction to the jury. The instruction, given over the objection of the defendant, reads: INSTRUCTION No. 8. You are further instructed that one of the defenses made by the defendant in this case is what is known in law as an alibi. That is, the defendant was in another place at the time of the commission of the crime. This is a proper defense and the defendant is not required to prove an alibi beyond a reasonable doubt, or even by a preponderance of the evidence. It is sufficient to justify an acquittal if the evidence upon that point raises a reasonable doubt of his presence at the time and place of the commission of the crime charged, and the attempt of the defendant to prove an alibi does not shift the burden of proof from the prosecution, but the prosecution is bound to prove his presence, beyond a reasonable doubt. An alibi is easy to prove and hard to disprove, and testimony offered to prove this defense should be subjected, like all other evidence in the case, to rigid scrutiny for the reason that witnesses, even when truthful, may be honestly mistaken of, or forgetful of times and places.
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