State v. Manning

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

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, , 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.