Smith v. State

In the case at bar the defense of the accused rested wholly upon an alibi, which was supported by the testimony of two apparently disinterested and unimpeached witnesses; 'and this testimony would have authorized (though if did not require) his acquittal. One of the witnesses for the prosecution identified a watch as being the watch he found hanging on the limb of a tree, near which he testified he had seen the accused at the time of the alleged offense; and it was testified that a hat found near-by fell from the head of the accused. These physical objects were not formally tendered in…