Caldwell v. State

Webb, Judge.

Robert Caldwell was indicted for aggravated assault which was alleged to have occurred on August 12, 1974. Caldwell’s sole defense was to be alibi for that date. At trial, however, the district attorney, in his opening statement, informed the jury that the evidence would show that the offense was committed on September 12 rather than on August 12 as alleged in the indictment. Defendant’s counsel made no motion for continuance or postponement because of the time discrepancy, nor did he move to limit the state to the date alleged in the indictment. Instead he proceeded to make his…