Roberts v. McClellan

(After stating the foregoing facts.) Ground 1 of the amended motion for a new trial contends that the trial court erred in failing to charge without request as to the defense of alibi. This defense was not specially pleaded. It is a well-settled principle of law that failure to charge this defense in a criminal case is error, even in the absence of request, when the alibi is the only defense and is sustained by testimony. See Riggs v. State, 31 Ga. App. 568 (121 S. E. 142). In Doe v. Stevens, 36 Ga. 463 (5) it is held that alibi is a proper defense in a civil case. However, alibi as a defense…