Davis v. State

This case should be reversed and the cause remanded to the trial court because of the failure to give the requested charge on exculpatory statements.

The record reflects that during the direct examination of Officer Gowin he was asked: “And what did he tell you he was doing in that filling station?” An objection thereto was overruled by the court whereupon the witness replied: “He said he came in to get some gas and that it looked like somebody had broken into the office.” 1

The appellant did not testify or offer any evidence on his behalf at the guilt stage of the trial.

A charge was requested…