Bennett v. State

Bell, Chief Judge.

The defendant appeals a conviction of motor vehicle theft. The only issue is whether the trial court erred in not charging the jury on the defense of alibi. The state through its witnesses established that the vehicle was stolen from the owner in Atlanta on December 24, 1971. On January 5, 1972 the defendant was taken into custody in Brantley County, Georgia while in possession of this car. The defendant’s mother, a lifelong resident of Atlanta, testified that her son was not "at home” around Christmas time of 1971; that around Christmas time in 1971 she received a telephone…