Willingham v. State

Evans, Judge.

The evidence in this case shows that a female, living alone, was physically assaulted and sodomy was committed upon her. The evidence strongly suggests that she was raped, although the indictment merely charges "aggravated assault” and "aggravated battery.”

Defendant was tried and convicted, and he appeals to this court on two enumerations of error, to wit: 1. That the trial court erred in failing to direct a verdict of not guilty; 2. That the trial court erred in failing to charge on defendant’s defense of alibi.

1. We will consider the failure to charge on alibi first.…