General
THE PEOPLE v. OWEN BURNS
59 Cal. 359·Supreme Court of California·1881·CA
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Opinion
[No. 10,615.
Department One.]
THE PEOPLE v. OWEN BURNS.
Alibi—Instruction—Reasonable Doubt.
Appeal from a judgment of conviction, and from an order denying a new trial, in the Superior Court of the City and County of San Francisco. Freelon, J.
The Court instructed the jury: “ The defense of an alibi is a legitimate defense, and is in fact, when thoroughly proved, the most logical defense that can be possibly introduced.”
G. B. Darwin, for Appellant.
The Court, in effect, charged the jury that the defense of alibi must be thoroughly proved.
A. L. Hart, Attorney General, for Respondent.
[MAJORITY — The Court:]
The Court:
On the authority of People v. O’Neil, supra, judgment and order affirmed.