State v. Peters

The opinion of the court was delivered by

Holmes, J.:

Walter M. Peters appeals from his conviction by a jury of one count of aggravated robbery (K.S.A. 21-3427). The single issue on appeal is whether the trial court committed reversible error in giving an alibi defense instruction to the jury.

The instruction, given over the objection of the defendant, reads:

“INSTRUCTION No. 8.

“You are further instructed that one of the defenses made by the defendant in this case is what is known in law as an alibi. That is, the defendant was in another place at the time of the commission of the crime.

“This is a…