McCarty v. State

OPINION

RANSOM, Justice.

We granted certiorari to review the trial court’s preclusion of witness testimony as a sanction against defendant Mark McCarty for failure to comply with a demand for notice of alibi. The court of appeals affirmed. Because the trial court abused its discretion in precluding testimony under the facts and circumstances of this case, we reverse.

Sometime between the late hours of May 17 and the early morning hours of May 18, 1986, Schumpert’s Music Company (Schumpert’s) in Roswell was burglarized. McCarty was arrested and charged with five felony offenses in connection with…