Does not need an alibi charge for presence at scene of crime when there is no evidence of a crime to be proven?
MultiRegion, United States of America
The following excerpt is from U.S. v. Thomas, 34 F.3d 44 (2nd Cir. 1994):
Id. at 87-88 (citations omitted). See also United States v. Burse, 531 F.2d 1151, 1153 (2d Cir.1976) (no alibi charge necessary when presence at scene not an element of crime charged).
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