ALIBI

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ALIBI


ALIBI, in evidence. This is a Latin word which signifies, elsewhere. 2. When a person, charged with a crime, proves (se eadem die fuissealibi,) that he was, at the time alleged, in a different place from that inwhich it was committed, he is said to prove an alibi, the effect of which isto lay a foundation for the necessary inference, that he could not havecommitted it. See Bract. fo. 140, lib. 3, cap. 20, De Corona. 3. This proof is usually made out by the testimony of witnesses, but itis presumed it might be made out by writings; as if the party could prove bya record properly authenticated, that on the day or at the time in question,he was in another place. 4. It must be admitted that mere alibi evidence lies under a great andgeneral prejudice, and ought to be heard with uncommon caution; but if itappear, to be founded in truth, it is the best negative evidence that can beoffered; it is really positive evidence, which in the nature of thingsnecessarily implies a negative; and in many cases it is the only evidencewhich an innocent man can offer.

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