State v. Manning

Supreme Court of Vermont

State v. Manning

52 A. 1033, 74 Vt. 449, 1902 Vt. LEXIS 156

CourtSupreme Court of Vermont

DecidedAugust 21, 1902

StatusPublished

Cited by3 cases

This text of 52 A. 1033 (State v. Manning) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Manning, 52 A. 1033, 74 Vt. 449, 1902 Vt. LEXIS 156 (Vt. 1902).

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Opinion

RowEEE, C. J.

The prisoner set up an alibi. The court charged that if he fabricated it, the jury had a right to consider that as positive proof of guilt. Although there may be no erroneous statement of legal principle in this, it was such a failure adequately to present the law’s view of a fabricated alibi as criminative evidence as to call for a reversal, for it was calculated to mislead the jury into supposing that in the event named it was bound to convict. The law says that a fabricated alibi is a criminative circumstance, and an inferential admission of guilt, but not conclusive. State v. Ward, 61 Vt. 153, [451]*451194, 17 Atl. 483. Mr. Bishop says that a failure in the proof of an alibi, while in special circumstances, such as where it discloses an attempt to mislead by false evidence, it may justly prejudice the prisoner’s case,- — is not otherwise more significant than the like failure in any other part of his proof. 1 Bish. New Crim. Proced. § 1063.

Judgment and sentence reversed, verdict set aside, and came remanded for a new trial.

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RowEEE, C. J.

The prisoner set up an alibi. The court charged that if he fabricated it, the jury had a right to consider that as positive proof of guilt. Although there may be no erroneous statement of legal principle in this, it was such a failure adequately to present the law’s view of a fabricated alibi as criminative evidence as to call for a reversal, for it was calculated to mislead the jury into supposing that in the event named it was bound to convict. The law says that a fabricated alibi is a criminative circumstance, and an inferential admission of guilt, but not conclusive. State v. Ward, 61 Vt. 153, [451]*451194, 17 Atl. 483. Mr. Bishop says that a failure in the proof of an alibi, while in special circumstances, such as where it discloses an attempt to mislead by false evidence, it may justly prejudice the prisoner’s case,- — is not otherwise more significant than the like failure in any other part of his proof. 1 Bish. New Crim. Proced. § 1063.

Judgment and sentence reversed, verdict set aside, and came remanded for a new trial.

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Bluebook (online)

52 A. 1033, 74 Vt. 449, 1902 Vt. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-manning-vt-1902.

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