Alibi

Lat.

In criminal law. Elsewhere; in another place. A term used to express that mode of defense to a criminal prosecution, where the party accused, in order to prove that he could not have committed the crime with which he is charged, offers evidenco to show that he was in another place at the time; which is termed setting up an alibi. Sinte v. McGarry, 111 Iowa, 709, 83 N. W. 718; State v. Child, 40 Kan. 482, 20 Pac. 275; State v. Powers, 72 Vt. 168, 47 Atl. 830; Peyton v. State, 54 Neb. 188, 74 N. W. 597.

I. Elsewhere. A defense to a charge of crime showing that the

Lat.

In criminal law. Else where; in another place. A term used to express that mode of defense to a criminal prosecution, where the party accused, in order to prove that he could not have committed the crime with which he is charged, offers evidence to show that he was in another place at the time; which is termed setting up an aiibi. Tomlins.

In another place; elsewhere. The defense that at the time laid in the charge of an offense the accused was in another place. Being proven, the conclusion is " not guilty." The evidence on the part of the defendant must outweigh the testimony that he was at the place charged.'* ' The defense must cover the time when the offense is shown to have been committed, so, as to preclude the possibility of presence at the locus in quo. This impossibility is to be proven like any other fact." The court, without discrediting the defense in the particular case, may obseiwe generally that the defense is open to suspicion, because it offers opportunity and tenxptation to employ false witnesses, and because it may mislead through a mistake of honest witnesses as to the precise day and hour.* ALIElf.s 1, n. One born in a strange country under obedience to a strange prince, or out of the liegeance of the king." One born out of the king's dominion or allegiance." A citizen or subject of a foreign state.^ In California a " non-resident alien " who may take by succession is one who is neither a citizen of the United States nor a resident of that State." Alienage; alienism. The legal status or condition of an alien. Alien born. A naturalized citizen or subject. Alien enemy. One who owes allegiance to an adverse belligerent.'" Alien Mend. A citizen or subject of a friendly power; one whose country is at peace with ours." By the common law a person born within the dominion of the United States is a natural-born citizen 1 Eoberts v. Church, 17 Conn. 145 (1845). ' Commonwealth v. Webster, 5 Cush. 3J9, 323 (1850). s Briceland v. Commonwealth, 74 Pa. 469 (1873); State V. Northrup, 48 Iowa, 583 (1878); Peoples. O'Neil, 59 Cal. 259 (1881); Ware ti. State, 67 Qa. 349 (1881); Savage V. State, 18 Fla. 975 (1882); State v. Beaml, 84 La. An. 106 (1882). < See State v. Blunt, 69 Iowa, 469 (1882); Dawson v. State, 62 Miss. 243 (1884); 6 Crlm. Law Mag. 6.55-63 (1885), cases; 22 Am. Law Eev. 297-98 (1888), cases. •L. alienus, strange, a stranger. • [Coke, Litt. 128 6. ' 1 Bl. Cora. 373. 8 Milne v. Huber, 3 Mc Lean, 219 (1843); 2 Kent, 50. • State V. Smith, 70 Cal. 156 (1886); Civil Code, S 672 whatever the status of his parents. An exception is made of the children of ambassadors! i *, "An " alien born " may not purchase lands for his own use, for the king is thereupon entitled to them:' One reason is that if he could purchase, the nation might in time become subject to foreign influence. But he may acquire personalty, which is of a movable natiu-e; besides that, trade demands this indulgence. As a consequence he may maintain actions concerning personalty, and dispose of it by will. An "alien enemy," however, has no rights unless by the sovereign's special favor.* By the common law an alien may take lands by purchase, though not by descent; in other words, while he cannot talre by the act of the law he may take by the act of the party. But he has no capacity to Ao Zc2'lands, and they may be seized into the hands of the sovereign. Until so seized, the alien has complete dominion over them. In this regard alien friends and alien enemies are alike. The title is devested by offlce-found,' 3. v. Disabilities as to holding realty have been removed in the States. See Land, Public. At common law an alien is protected in his person, as to such property as he may own, in his relative rights, and in his reputation. In return for protection he is required to pay taxes. He cannot become President, nor, in some States, governor. Seven years after he has been naturalized he may be elected to Congress. Unnaturalized, he could not be adjudged a bankrupt, he cannot take out a copyright, nor can he exercise any political right. See Patent, S; Trade-mark. See further Allegiance; Citizen; Denizen; Immigration; Naturalize. Alien and sedition laws. See Sedition. 2, V. To transfer; to alienate, q. v. Alienable. Admitting of transfer from one person to another. Inalienable, less frequently unalienable, not Subject to transfer or devestment. " Inalienable rights " are such rights as cannot be bartered, given or taken away except in punishment of crime.^ An '' unalienable right " is one which cannot be surrendered to government or society, because no equivalent can he received for it, and one which neither the government nor society can take away, because they can give no equivalent. Of such is the right of conscience.'

I. Elsewhere. A defence in criminal law, showing that the accused was in another place when the offence was committed.

Lat.

In crimmal law. Elsewhere, in another place. A term used to express that mode of defence to a criminal Srosecution, where the party accused, in orer to prove that he could not have committed the crime with which he is charged, offers evidence to show that he was in another plcxe at the time; which is termed setting up an alibi. Tondins. Foster's Crown Law, 368. Wills on Cireumst. Evid, 116. This term is of great antiquity in English law, and is used by Bracton in describing the proceedings on criminal appeals, in precisely its modem sense and application. Si appellatus docere poterit — se eadem diefaisse alibi, iia quod nullo modo prasumi posset contra ipsum, quod interesse posset tali facto, tali die, propter locum ita remotum, quod hoc esset impossibiley tutic cadit intentio appellantis; if the appellee (the accused) can show that on the same day he was elsewhere, so that it can in no manner be presumed against him that he could have been present at the commission of the act on the day stated, it being impossible, on account of the distance between the places, then the complaint of the appellant (the accuser) abates, or falls to the ground. Bract fol. 140 a.

in evidence, is that proof which a party who is accused of having committed a crime or other offence or done any act at a particular place, produces to show that when the crime or offence was committed or act done, he was at another place. If the proof is made out it is clear he did not commit the crime lies under a great and general prejudice, and ought to be heard with uncommon caution; but if it appears to be founded in truth, it is the best negative evidence that can be offcred; 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.