Commonwealth v. Roxberry

OPINION OF THE COURT

FLAHERTY, Justice.

This appeal presents questions as to the circumstances in which a criminal defendant is entitled to an alibi instruction. The sole alibi evidence in this case was appellee’s testimony that he was one-half mile from the scene when the crimes were committed. The trial court gave no alibi instruction. Alleging ineffective assistance of counsel, appellee sought a new trial pursuant to the PCHA, which was denied by the trial court. The Superior Court reversed, granting a new trial. We affirm.

Appellee, Robin S. Roxberry, was charged with kidnapping, rape, IDSI,…