Thomas v. State

Banke, Judge.

On appeal from his conviction for the armed robbery of a convenience store clerk, the appellant contends that because he presented an alibi defense, the court erred in charging the jury that the allegation in the indictment regarding the date of the offense was not material. He further contends that the trial judge asked questions of witnesses and made certain comments which were prejudicial to him. Held:

1. The court charged that each allegation of the indictment was material “saving only the date of the offense and... the amount... of money charged to have been taken, it being…