Poe v. State

Plaintiff in error, referred to as defendant, was indicted for an assault and battery with intent to commit rape upon Edna Patricia Anderson (T.C.A. sec. 39-605). He was found guilty and his punishment fixed by the jury at not more than 15 years in the penitentiary, and judgment entered accordingly.

He appealed in error and has assigned a number of errors, among others, that the Trial Judge committed reversible error in failing to instruct the jury upon the issue of alibi raised by the evidence and essential to his defense.

As we view the case, we need consider only this assignment or error,…