Dixon v. State

Banke, Judge.

The appellant and a co-defendant were convicted of armed robbery. The appellant testified that he was not present when the crime took place and that he took no part in it. On appeal, he contends that the trial court erred in failing to charge the jury on alibi, even though there was no request for such a charge. Held:

1. “Both this court and the Supreme Court have consistently held that where alibi is the sole defense of the accused, the failure of the trial court to charge on the defense of alibi, even in the absence of a request, is reversible error where there is some evidence…