Allen v. State

HEHDEESdST, Judge.

Appellant was convicted of burglary, and his punishment assessed at confinement in the penitentiary for a term of two years.

The only assignment that need be considered is that which relates to a charge on alibi. An examination of the statement of facts discloses there was proof of alibi, and an examination of the charge of the court shows that the court failed to charge on alibi. The question to be considered is, was this matter sufficiently presented by bill of exceptions or motion for new trial in order to be revised by this court. The caption shows that the court…