Woods v. State

PRENDERGAST, Presiding Judge.

Appellant, an adult male, was convicted of an aggravated assault and battery upon a female.

There is but one question in the case, and that is, whether the court should have given a charge on alibi.

It seems now to be the settled rule “that unless the testimony fails to exclude the idea- of accused’s presence at the time of the commission of the offense, a charge upon the subject of alibi need not be given.” And, “in no case should a cause be reversed for the refusal of such a charge, unless in the light of all the testimony the evidence excludes the theory of…