Roby v. State

I dissent.

The record demonstrates to me that the defendant was a knowing participant in an *647attempt to fabricate evidence to support an alibi. The prosecutor conducted himself with complete propriety in his cross-examination of the defendant and the defendant’s father in that regard. To support my position, a more complete treatment of the facts, procedures and the law is necessary in order to lead into what the holding of the majority should have been.

The issue upon which the majority makes its disposition was raised by the defendant in this appeal in the following fashion:

“3. Was Defendant’s…