State v. Krewsen

• Decision Date: 20 December 1881
• Citation: 11 N.W. 7,57 Iowa 588
• Parties: THE STATE v. KREWSEN
• Court: Iowa Supreme Court

11 N.W. 7

57 Iowa 588

THE STATE v. KREWSEN

Supreme Court of Iowa, Des Moines

December 20, 1881

Appeal from Davis District Court.

THE defendant was indicted jointly with two others for burglary. Verdict and judgment having been rendered against him he appeals.

AFFIRMED.

Miller & Son, for appellant.

Smith McPherson, Attorney-general, for the State.

OPINION

ADAMS, CH. J.

The defendant introduced evidence tending to prove an alibi. The court gave an instruction in these words: "The burden of establishing an alibi is cast upon the defendant, and the evidence introduced to sustain it should outweigh the proof introduced by the State tending to show that the defendant participated in the burglary. But he is not bound to establish such defense beyond a reasonable doubt, and if upon the whole case, the testimony raises in your minds a reasonable doubt that the defendant was at the place of the burglary, and you find that said offense was not committed by the counsel, advice, or direction of the defendant, then you should find the defendant not guilty."

The defendant objects to so much of the instruction as charges the jury that the evidence of the alibi should out-weigh the evidence tending to show that the defendant participated in the burglary.

Under the rule adopted by a majority of the court in State v. Hamilton, post, p. 596, decided at the present term, the instruction must be approved.

We discover no error upon any other point, and the judgment must be

AFFIRMED.