State v. Kubicek

Farris, A.C.J.

Mr. Kubicek appeals from his conviction and sentence following a trial to a jury on the charge of burglary in the second degree. A man identified as Mr. Kubicek was seen inside a tavern on September 17, 1969, at approximately 3:30 a.m. after it had closed for business. Mr. Kubicek introduced evidence which, if believed, established that he was somewhere else on the date and time of the alleged offense.

The jury was instructed:

You are instructed that a defense interposed by the defendant in this case is an alibi; that is, that the defendant was at another place at an identical…