Cockerham v. State

This is an appeal from a conviction of the appellant of the offense of first degree burglary. The appellant assigns as error in the overruling of the motion for a new trial, first, the admission of certain evidence introduced in violation of a notice of alibi served on the prosecuting attorney. The statute concerning alibi states:

“ . ... the defendant shall, not less than ten [10] days before the trial of such cause, file and serve upon the prosecuting attorney in such cause a notice in writing of his intention to offer such defense.” Acts 1935, ch. 228, §1, p. 1198, being Section 9-1631 of…