§ 6-21 Alibi

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2023 Ed.)

§ 6-21 Alibi

The defendant in this case has raised a defense of alibi. That means the defendant was not at the scene of the crime at the time it was committed, but was elsewhere and had nothing to do with it. The word "alibi" means "elsewhere."

There is no burden upon the defendant to prove that he was not at the scene of the crime. There is no burden upon the defendant to prove his alibi. The defendant need not prove he was somewhere else.

The burden is on the State to prove beyond a reasonable doubt that the defendant was present at the scene of the crime, actually participated in the crime, and was not somewhere else. Thus, the State has the burden of proving beyond a reasonable doubt that the defendant was present and committed the crime. The State has the burden of disproving the defendant's alibi defense.

? Roseboro v. State, 317 S.C. 292, 294, 454 S.E.2d 312, 313 (1995) ("An alibi charge places no burden on a criminal defendant but emphasizes that it is the State's burden to prove the defendant was present and participated in the crime."); Riddle v. State, 308 S.C. 361, 418 S.E.2d 308 (1992) (stating failure to give alibi charge where defendant claims to be at another place is reversible error); State v. Schrock, 283 S.C. 129, 133, 322 S.E.2d 450, 452 (1984) ("It is not...