Cutts v. State

(After stating the foregoing facts.) The single special ground of the amended motion for a new trial contends that the trial court erred even without request in .failing to charge the rule of law applicable to the defense of alibi, the sole defense in this case. Code § 38-122 provides: “Alibi, as a defense, involves the impossibility of the accused’s presence at the scene of the offense at the time of its commission; and the range of the evidence, in respect to time and place, must be such as reasonably to exclude the possibility of presence.” Where the testimony offered in support of the…