Heard v. State

Carley, Judge.

Appellant was convicted of aggravated sodomy. His sole enumeration of error on appeal is that the trial court erred in permitting the written statements of two witnesses to be taken into the jury room during the jury’s deliberations.

At trial, appellant attempted to establish the defense of alibi. The evidence showed that the crime occurred between 2:00 and 2:30 a.m. Appellant testified that he had talked on the telephone to his girlfriend, Elizabeth Smith, from 1:25 until 2:30 or 2:45 on the night in question. Ms. Smith corroborated appellant’s assertions by testifying that they…