“[I]f the alibi is established, a perfect defense has been shown. Perhaps more importantly, if any reasonable doubt exists as to the presence of the defendant at the scene of the crime at the time the offense was committed (if such presence is necessary to commit the crime), the defendant must also be acquitted.”
How later courts described this case
- “[I]f the alibi is established, a perfect defense has been shown. Perhaps more importantly, if any reasonable doubt exists as to the presence of the defendant at the scene of the crime at the time the offense was committed (if such presence is necessary to commit the crime), the defendant must also be acquitted.”
- unanimous jury verdicts in criminal cases
- opinion by T.G. Kavanagh, C.J.
- opinion by Kavanagh, C.J.
Written by the judges who cited it.
The opinion
*471 Lindemer, J.
(concurring in the result). I concur in the result reached by my colleagues.
Issues I and III concern failures by the trial judge to give certain instructions. Since defense counsel made no requests for such instructions and failed to object to the instructions as given, I think appellate reversal is barred by MCLA 768.29; MSA 28.1052 and GCR 1963, 516.2.
I concur in Justice Williams’ opinion regarding the trial court’s instruction on the requirement for unanimity of the jury verdict.
Coleman, J., concurred with Lindemer, J.