Henderson v. State
Court of Appeals of Georgia
Indictment for manufacturing intoxicating liquor; from Paulding superior court — Judge Irwin. June 80, 1921. The ground'of the motion for a new trial referred to in the decision is as follows: “Because movant, on the trial of said case, set up the defense of alibi, as is shown by the evidence of” named witnesses.
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Indictment for manufacturing intoxicating liquor; from Paulding superior court — Judge Irwin. June 80, 1921. The ground'of the motion for a new trial referred to in the decision is as follows: “Because movant, on the trial of said case, set up the defense of alibi, as is shown by the evidence of” named witnesses. “The court charged the jury as follows: ‘Now, gentlemen, the defendant, under his plea in general, Hies also the plea of alibi; that is, he says he was not there at the time this offense was committed, and that it was impossible fox him to have committed the offense. The plea of…
1Opinion of the CourtLuke, J.
In this case error is assigned upon the ground that the court, when charging upon the subject of alibi, failed to charge the jury upon the second branch of the rule as to alibi. “ The failure of the court to charge the jury upon the second branch of the rule as to alibi is such error as requires the grant of a new trial.” See Brooks v. State, 25 Ga. App. 739 (105 S. E. 42), and cases cited. Upon this ground, it was error to overrule the motion for a new trial.
Judgment reversed.
2ConcurrenceBloodworth, J.
Broyles, C. J., dissents.
3Cases cited1 opinion
- Brooks v. StateCourt of Appeals of Georgia · 1920
4Cited by3 opinions
- Chambers v. StateCourt of Appeals of Georgia · 1942
- Hornbuckle v. StateCourt of Appeals of Georgia · 1947
- Mitchell v. StateCourt of Appeals of Georgia · 1927