Westbrook v. State

Russell Westbrook was tried for the offence of arson of a barn and stables on the farm of Bass. He was found guilty, and his motion for a new trial was overruled. In addition to the grounds that the verdict is contrary to law, evidence, etc., it is alleged in the motion that the court erred in charging on the defence of alibi, because there was no such defence, and defendant did not plead alibi. The judge certifies that the evidence for the State showed that defendant’s home, house where he lived, was a quarter or half mile from the houses burned, and defendant said in his statement to the…