State v. Jones

SHARP, Chief Justice.

Defendant brings forward four assignments of error. Three relates to the testimony of Robert Johnson, a witness called by the State after the close of defendant’s evidence. Defendant argues first that Johnson’s evidence was inadmissible because it did not contradict the testimony of any defense witness. In making this contention defendant misperceives both the effect of Johnson’s testimony and the law governing the order of proof. His entire defense was based on evidence tending to establish an alibi. In support of his contention that he was elsewhere when Mr. Daniels was…