Legal Opinion

Reed v. State

Court of Appeals of Georgia

Decided December 9, 1914No. 5926PublishedCited by 15 opinions

Indictment for robbery; from Fulton superior court—Judge B. H. Hill. June 27, 1914..

1Opinion of the CourtWade, J.

1. Where the defense of alibi is made only by the defendant’s statement, it is not error for the trial court to omit instructions thereon, in the absence of a timely written request. Brundage v. State, 14 Ga. App. 460 (81 S. E. 384); Watson v. State, 136 Ga. 236 (5), 239 (71 S. E. 122); Carter v. State, 15 Ga. App. 343 (83 S. E. 153), and cases cited. The rule would be different if this defense should be raised otherwise than by the statement of the defendant to the jury. Duggan v. State, 3 Ga. App. 332 (59 S. E. 846). Where one defense is mainly relied upon, and evidence is introduced to…

2Cases cited15 opinions

  1. Powell v. StateSupreme Court of Georgia · 1897
  2. Owens v. StateSupreme Court of Georgia · 1904
  3. Riley v. StateCourt of Appeals of Georgia · 1907
  4. Fletcher v. StateSupreme Court of Georgia · 1892
  5. Covington v. StateSupreme Court of Georgia · 1887

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3Cited by15 opinions

  1. Franklin v. StateCourt of Appeals of Georgia · 1975
  2. Wynes v. StateSupreme Court of Georgia · 1936
  3. McRoy v. StateCourt of Appeals of Georgia · 1974
  4. Stonaker v. StateCourt of Appeals of Georgia · 1975
  5. Wells v. StateCourt of Appeals of Georgia · 1991

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