Cases (Character Evidence) Flashcards

1
Q

Accused was charged with Robbery with Rape. During the trial, the accused was positively identified by the victim as her assailant. The trial court formally rejected his defense of alibi and convicted him of the crime charged; consequently, accused-appellant is now before us on appeal. Accused-appellant in his brief, maintains that it was impossible for him to have committed the crime charged since he is a person of good moral character, holding as he does the position of “Ministerial Servant” in the congregation of Jehovah’s Witnesses, and that he is a godly man, a righteous person, a responsible family man and a good Christian who preaches the word of God.

ISSUE: Whether or not the accused may be acquitted on the ground of his good moral character.

A

An accused is not entitled to an acquittal simply because of his previous good moral character and exemplary conduct. The affirmance or reversal of his conviction must be resolved on the basic issue of whether the prosecution had discharged its duty of proving his guilt beyond any peradventure of doubt. Since the evidence of the crime in the instant case is more than sufficient to convict, the evidence of good moral character of accused-appellant is unavailing. The fact that accused-appellant is endowed with such “sterling” qualities hardly justifies the conclusion that he is innocent of the crime charged. Similarly, his having attained the position of “Ministerial Servant” in his faith is no guarantee against any sexual perversion and plunderous proclivity on his part. Indeed, religiosity is not always an emblem of good conduct, and it is not the unreligious alone who succumbs to the impulse to rob and rape.

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