JOHNSON V. BENNETT, 393 U. S. 253 (1968)

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U.S. Supreme Court

Johnson v. Bennett, 393 U.S. 253 (1968)

Johnson v. Bennett,

No. 32

Argued November 13-14, 1968

Decided December 16, 1968

393 U.S. 253


At petitioner's trial for murder in 1934, several witnesses testified that petitioner was in another city when the crime was committed. In accordance with Iowa law, the trial judge instructed the jury that the defendant had the burden of proof on an alibi defense. Petitioner was convicted, and his conviction was upheld by the Iowa Supreme Court. Contending that it violated the Due Process Clause of the Fourteenth Amendment to place on him the burden of proving an alibi defense, petitioner sought a writ of habeas corpus. The District Court denied the writ, and the Court of Appeals affirmed. After this Court granted certiorari, the Court of Appeals, sitting en banc in another case, held that to place on the defendant the burden of proving an alibi defense violated due process.

Held: This case is vacated and remanded for reconsideration in the light of that holding.

386 F.2d 677, vacated and remanded.


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