Commonwealth v. Roxberry

602 A.2d 826, 529 Pa. 160, 1992 Pa. LEXIS 18
CourtSupreme Court of Pennsylvania
DecidedJanuary 13, 1992
DocketAppeal 100 W.D. Appeal Docket 1989
StatusPublished
Cited by47 cases

This text of 602 A.2d 826 (Commonwealth v. Roxberry) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Roxberry, 602 A.2d 826, 529 Pa. 160, 1992 Pa. LEXIS 18 (Pa. 1992).

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

This appeal presents questions as to the circumstances in which a criminal defendant is entitled to an alibi instruction. The sole alibi evidence in this case was appellee’s testimony that he was one-half mile from the scene when the crimes were committed. The trial court gave no alibi instruction. Alleging ineffective assistance of counsel, appellee sought a new trial pursuant to the PCHA, which was denied by the trial court. The Superior Court reversed, granting a new trial. We affirm.

Appellee, Robin S. Roxberry, was charged with kidnapping, rape, IDSI, robbery, and theft in connection with an assault committed on January 9, 1984. The complainant identified appellee as her assailant and testified that the crimes occurred between 11:00 p.m. on January 9 and 1:00 a.m. on January 10, 1984. Appellee testified that he was four blocks, or one-half mile, away from the crime scene, drinking in The Keg bar from 8:00 p.m. until 1:00 a.m. on the night in question.

The trial court instructed the jury as follows:

The critical question for you to decide is whether or not the defendant was the actor in the event that took place between eleven p.m. and one a.m. on the ninth and tenth of January. In behalf of the Commonwealth you have the testimony of [the victim] particularly as to the description of the assailant, the composite she put together of her assailant and the photo identification which is Commonwealth’s Exhibit 2.
[163]*163In behalf of the defendant he states that he was not in the area but drinking beer at The Keg from eight p.m. until closing on the night in question; that he was bearded at the time of the incident. In his behalf his mother-in-law and commonlaw wife testified that he was bearded.
Your task is to consider all the evidence and to make a determination.

Following the charge, to which appellee’s counsel raised no objection, the jury found appellee guilty of the crimes charged, whereupon he was sentenced to a term of thirteen and one-half to twenty-seven years. After his judgment of sentence was affirmed on appeal, appellee, represented by new counsel, filed a PCHA petition alleging that trial counsel rendered ineffective assistance by failing to object to the absence of an alibi instruction. The trial court denied relief, but the Superior Court reversed, vacated the judgment of sentence, and remanded for a new trial. Commonwealth v. Roxberry, 381 Pa.Super. 314, 553 A.2d 986 (1988). We granted allocatur to review the propriety of the jury instructions pertaining to appellee’s alibi defense.

The parties do not dispute that the charge quoted above was not an alibi instruction, but was merely a summation of the testimony. The court did not in any way advise the jury how to consider the evidence. The Commonwealth presents two arguments supporting the trial court’s omission of an alibi instruction. First, it is claimed that appellee’s testimony did not constitute an alibi because it failed to preclude the possibility that appellee committed the crimes, so no instruction was warranted. In the alternative, it is argued that appellee’s alibi testimony was unsupported by other evidence and that a jury charge is not required in such a circumstance.

The long-accepted definition of alibi is “a defense that places the defendant at the relevant time in a different place than the scene involved and so removed therefrom as to render it impossible for him to be the guilty party.” Commonwealth v. Jones, 529 Pa. 149, 602 A.2d 820 (decided today); Commonwealth v. Pounds, 490 Pa. 621, 631, 417 [164]*164A.2d 597, 602 (1980); Commonwealth v. Whiting, 409 Pa. 492, 498, 187 A.2d 563, 566 (1963). The Commonwealth asks us to create a requirement that an alibi defense must allege a certain minimum distance from the scene of the crime, and to hold that four blocks, or one-half mile, is not enough. How do we determine precisely where to draw the line between an alibi defense and “nothing more than a general denial of guilt”? Is one mile enough? Ten miles? Judge Popovich, dissenting below, wrote:

The appellant was within a few city blocks of the crime scene. Even if the appellant was in The Keg at 10:45 p.m., he could have easily left the bar, robbed, raped and released the victim before 12:45 a.m., and then returned to the bar prior to its 1:00 a.m. closing time.

Roxberry, 381 Pa.Super. at 314, 553 A.2d at 990-91 (dissenting opinion). This reasoning, given the marvels of modern transportation, would vitiate many sound alibi defenses. If appellee had testified that he had been at a bar in Chicago, the Commonwealth would argue that “appellee could easily have committed the crimes and then returned to the bar in time for closing,” since a flight to Chicago takes less than two hours.

There is no minimum or threshold quantum of physical separation necessary for a defense to constitute an alibi, so long as the separation makes it impossible for the defendant to have committed the crime. It is theoretically possible to assert an alibi even when a crime occurs in the same building where the accused is located. If a convict is accused of stabbing a guard in the basement of a penitentiary and claims he was locked in a cell on the fourth floor when the crime was committed, he has asserted an alibi defense, because he was “in a different place than the scene involved and so removed therefrom as to render it impossible for him to be the guilty party.”

The Commonwealth’s second argument is that, even if appellee’s testimony meets the definition of an alibi defense, his unsupported testimony does not necessitate an [165]*165alibi instruction. The Commonwealth cites our opinion in Pounds, 490 Pa. at 632, 417 A.2d at 602:

Although an alibi defense is generally presented with accompanying alibi witnesses or other evidence placing the defendant at a place other than the scene of the crime at the time of its commission, the testimony of the accused may, by itself, be sufficient to raise an alibi defense and entitle him to an appropriate jury instruction.

(Emphasis added.) The suggestion is that the alibi charge is discretionary when the only alibi testimony is that of the defendant.

We reject this interpretation of Pounds. It is not, and never has been, necessary for an alibi defense to be corroborated in order to constitute an alibi. Commonwealth v. Jones, supra; Commonwealth v. Saunders, 529 Pa. 140, 602 A.2d 816 (1991) (decided today); Commonwealth v. Willis, 520 Pa. 289, 553 A.2d 959 (1989); and Commonwealth v. Pounds, supra, all required an alibi instruction when the alibi defense had been presented solely by the unsupported testimony of the defendant.

The absence of corroboration, rather than appellee’s proximity to the scene of the crime, is the more troublesome of the two arguments presented by the Commonwealth.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. McGinity, R.
Superior Court of Pennsylvania, 2024
Commonwealth v. Thomas, D., Aplt.
Supreme Court of Pennsylvania, 2024
Varner v. Houser
M.D. Pennsylvania, 2024
Com. v. Barone, P.
Superior Court of Pennsylvania, 2021
Com. v. Varner, C.
Superior Court of Pennsylvania, 2020
Com. v. Vincent, D.
Superior Court of Pennsylvania, 2019
Commonwealth v. Jones
210 A.3d 1014 (Supreme Court of Pennsylvania, 2019)
Com. v. Molina, E.
Superior Court of Pennsylvania, 2019
Com. v. Miller, R.
Superior Court of Pennsylvania, 2018
Khalid Ali Pasha v. State of Florida
225 So. 3d 688 (Supreme Court of Florida, 2017)
Com. v. Bates, M.
Superior Court of Pennsylvania, 2017
Com. v. Reyes, E.
Superior Court of Pennsylvania, 2017
Com. v. Robinson, C.
Superior Court of Pennsylvania, 2016
Com. v. Kelley, M.
Superior Court of Pennsylvania, 2016
Com. v. Williams, K.
Superior Court of Pennsylvania, 2015
Com. v. Mason, A.
Superior Court of Pennsylvania, 2015
Com. v. Scott, E.
Superior Court of Pennsylvania, 2015
Com. v. Ialongo, F.
Superior Court of Pennsylvania, 2015
Commonwealth v. Dennis
17 A.3d 297 (Supreme Court of Pennsylvania, 2011)
Commonwealth v. Bookard
978 A.2d 1006 (Superior Court of Pennsylvania, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
602 A.2d 826, 529 Pa. 160, 1992 Pa. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-roxberry-pa-1992.