2.
When a person, charged with a crime, proves (se eadem die fuisse
alibi,) that he was, at the time alleged, in a different place from that
in which it was committed, he is said to prove an alibi, the effect of
which is to lay a founation for the necessary inference, that he could
not have committed it. See Bract. fo. 140, lib. 3, cap. 20, De Corona.
3.
This proof is usually made out by the testimony of witnesses, but it is
presumed it might be made out by writings; as if the party could prove
by a 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 and
general prejudice, and ought to be heard with un-common caution; but if
it appear, to be founded in truth, it is the best negative evidence that
can be offered; it is really positive evidence, which in the nature of
things necessarily implies a negative; and in many cases it is the only
evidence which an innocent man can offer.
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