Moody v. State

I. The failure of the court to charge the jury upon the second “branch” of the rule as to alibi, as required by the rulings of the Supreme Court in Ledford v. State, 75 Ga. 856, and in Harrison v. State, 83 Ga. 129 (9 S. E. 542), was such error as requires the grant of a new trial. Callahan v. State, 14 Ga. App. 442 (81 S. E. 380); Raysor v. State, 132 Ga. 237 (63 S. E. 786). The trial judge is not required, in the absence of a. request, to instruct the jury upon the subject of alibi, but if he sees proper to do so the instruction must be correct. In the , present case the incompleteness of…