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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Under Rule 131, Sec. 6, there is a presumption against an accused in criminal cases. Apply to the following fact pattern and state whether a conviction would be proper: Niko is charged with robbery with violence. The prosecution's sole evidence is: (i) a single eyewitness testifies seeing a man in a gray jacket run from the store at 9:10 p.m. with a bag; (ii) the bag is later found at Niko's apartment; Niko testifies he was at a family dinner from 8:00 p.m. to 10:00 p.m. with relatives who corroborate, but none can identify him in the act. The defense rests. Considering Rule 131, Sec. 6, would conviction be proper? Explain briefly.

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Clara

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