Hartley v. State

Birdsong, Presiding Judge.

Tom Hartley and Grace Marie Hartley appeal their convictions for two counts of burglary. Appellants were tried jointly. We have consolidated their appeals, as each asserts the same error: that the trial court committed reversible error in refusing to give an alibi charge.

The evidence showed that appellants were interrupted in their second burglary on July 31, 1991, and abandoned their van. On that night two collect calls were placed from a certain store in north Georgia to appellants’ thrift shop in South Carolina. Appellants’ son, Hank Hartley, testified that…