People v. Washington

About 10:30 of the night of March 28, 1930, the deceased, Leon Hill, was shot while in the apartment of one Mary Washington, from the effects of which he died on June 2, 1930. Defendant at the trial admitted that he called at the Washington apartment that evening between 9:30 and 10 o’clock. The theory of the prosecution was that the defendant made two calls at the home of Miss Washington on the night in question, and that it was on the occasion of his second visit that the shooting occurred. Appellant, however, maintains that this theory was completely demolished by the testimony of one Blackman, a witness for the People, and that this testimony established an alibi on behalf of appellant by proof that, at the time when the crime was committed, appellant was with Blackman at places located so far from the apartment of Miss Washington that the crime could not have been committed by him. Appellant further contends that the evidence is totally insuffi cient to sustain the judgment, for the reason that the evidence relied upon to uphold the judgment is so inconsistent or improbable as to be incredible.

As is usual in cases of this character, there is a direct conflict in the…