People v. Johnson

Defendant appeals from a judgment which was rendered pursuant to his conviction of the crime of robbery, and from an order by which his motion for a new trial was denied.

The principal reason urged by appellant for reversal of the judgment and the order is that, notwithstanding the fact that defendant was positively identified by the complaining witness as one of the persons who committed the robbery, nevertheless defendant introduced evidence which in its substance and effect should have established a complete and perfect “alibi”.

The fact that the character of none of the several witnesses who gave testimony in support of the “alibi” was attacked, or that such testimony was not impeached by means of evidence relative to his general reputation for truth, honesty or integrity, although possibly constituting an acceptable basis for placing reliance upon the truth of the testimony of such witness, does not create a situation from.or by reason of which the trial judge was legally required to adopt the testimony as an unqualified expression of an ultimate fact. It is only in exceptional circumstances, not suggested by appellant as having been present on the trial of the instant…