The result of the charge was to say to the jury that, if there was a reasonable doubt on the whole case, the defendant was entitled to an acquittal, but no such doubt arose unless the jury were satisfied of the truth of the testimony relative to the alibi. This, I think, was error.
I agree with GRAY, J., in believing that a new trial should be granted.
All concur with RUGER, Ch. J., except PECKHAM and GRAY, JJ., dissenting.
Judgment affirmed. *Page 487