Barton v. Territory of Arizona

Citations

• 10 Ariz. 68
• 85 P. 730
• 1906 Ariz. LEXIS 98

Syllabus

<p>1. Criminal Law — Appeal and Error — Review.—On appeal in a criminal case, where there is no bill of exceptions, assignment of errors, nor any brief or argument designating any error complained of in the proceedings had in the trial court, the appellate court can only look into the record, and unless some reversible error be apparent therein, affirm the judgment of the lower court.</p> <p>2. Criminal Law — Instructions—Alibi—Burden- of Proof — Schultz ■y. Territory, 5 Ariz. 239, 52 Pac. 352, Approved and Followed.— The defendant in a criminal ease is not required to prove an alibi beyond a reasonable doubt, or even by a preponderance of the evidence, but it is incumbent on the jury to acquit if the evidence upon that point, when taken in connection with all the other evidence in the case, raises a reasonable doubt of his presence at the túne and place of the commission of the crime charged, when his presence is essential to Ms guilt. Hence an instruction that the burden was on accused to prove his defense of alibi by a preponderance of the evidence, and that such defense to be entitled to consideration must show that at the time of the commission of the crime charged accused was at another place, so far away or under such circumstances that he could not, with any ordinary exertion have reached the place so as to participate in the commission of the crime, was erroneous.</p>