State v. Josey
| Decision Date | 31 January 1870 |
| Court | North Carolina Supreme Court |
| Parties | THE STATE v. JACK JOSEY. |
*1 In an indictment for crime, the defendant, ordinarily, is entitled to have the whole case left to the jury upon the evidence on both sides, and if, upon a consideration of all such evidence, every reasonable doubt be not removed, the jury should acquit.
Therefore, in a case of larceny, an instruction to the jury “that the burden of proof to show the guilt of the prisoner, is upon the State; but that when the State has made out a prima facie case, and the prisoner attempts to set up an alibi, the burden of proof is shifted, and if the defence fail to establish the alibi to the satisfaction of the jury, they must find the prisoner guilty,” is erroneous.
The rule is otherwise where the question is as to malice in cases of homicide; and also, generally, where the defendant relies upon some distinct ground of defence not necessarily connected with the transaction on which the indictment is founded, ex. gr. insanity; and it may be so as to matters of defence peculiarly within the knowledge of the defendant.
LARCENY, tried before Watts, J., at Fall term 1869, of HALIFAX Court.
The defence was an alibi, sought to be set up through two witnesses.
His Honor instructed the jury that the burden of proof to show the guilt of the prisoner, was upon the State. But, when the State had made out a prima facie case, and the prisoner attempted to set up an alibi, the burden of proof was shifted, and if the defence failed to establish the alibi to the satisfaction of the jury, they must find the prisoner guilty.
Verdict, Guilty; Rule, &c; Judgment, and appeal.
Walter Clark, for the appellant .
In a criminal case, the establishment of a prima facie case only, does not take away the presumption of the defendant's innocence, or shift the burden of proof: The Commonwealth v. Kimball, 24 Pick. 366; Ogletree v. The State, 28 Ala. 693; People v. Wingate, 5 Cal. 127.
Attorney-General, contra .
Although in criminal cases the establishment of a prima facie case only, does not take away the presumption of innocence, or shift the burden of proof; yet upon principle, there is a peculiar effect to be attributed to an attempt to defend by showing an alibi, which warrants the ruling of the Court below.
“His Honor charged the jury that the burden of proof to show the guilt of the prisoner was upon the State; but that when the State had made out a prima facie case, and the prisoner attempted to set up an alibi, the burden of proof was shifted, and that if the defence failed to establish the alibi to the satisfaction of the jury, they must find the prisoner guilty.”
*2 This is the entire charge, as contained in the record sent to this Court. There is nothing by which the Court can see how a case of any sort was made out, and the charge is so worded as completely to break down the presumption of innocence which exists in every case, and shift the burden of proof to the defendant.
But taking it that a prima facie case had been established by some kind of evidence, direct or circumstantial, we are of the opinion that the law does not...
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