Callahan v. State

Banke, Judge.

The defendant appeals his conviction for violation of the Georgia Controlled Substances Act. His sole enumeration of error is that the trial judge erred in failing to charge the jury on alibi, even though no request for such a charge was made.

The state alleged that the defendant sold marijuana to an undercover GBI agent on April 28, 1977. The defendant testified that "me and a friend was [sic] out drinking one day around that time ’cause I wasn’t working.” When asked on cross examination if he was sure where he had been on April 28th, the defendant responded, "Yes, sir, I’d say I…