Pepper v. State

Webb, Judge.

Appellant was tried and convicted of burglary and appeals to this court. Held:

1. Appellant’s sole defense was alibi, which was raised by testimony of his wife that appellant was with his family at the time of the crime. Appellant complains that the court did not charge the law of alibi. "The court should have charged on alibi, even without request, since this was the defendant’s sole defense and was sustained by some evidence.” Pippins v. State, 224 Ga. 462 (4) (162 SE2d 338). Accord: Tiller v. State, 118 Ga. App. 590 (1) (164 SE2d 915) and cases cited; Brown v. State, 122 Ga.…