State v. Lee

Plaintiff-appellant State of Indiana appeals from the acquittal of defendant-appellee Charles W. Lee, Sr., on a charge of conspiracy to commit a felony, to-wit: prostitution. State’s appeal concerns the applicability of the Indiana alibi statutes in criminal conspiracy prosecutions.

The record reveals that Lee and one Madelyn Wilds were indicted for conspiring to commit a felony, prostitution. The indictment designated that the conspiracy was formed on or about November 7, 1972. Pursuant to the applicable statutes,1 Lee served upon the prosecutor an alibi notice for the date stated in the…