State v. Green
Court of Appeals of Georgia
1ConcurrenceEvans, Judge
A defendant has the right to plead alibi as a defense, that is, that he was at some place other than where the alleged crime took place at the time of its commission. But the very general language employed in the indictment here takes away that right, because it simply alleges *624burglary on the 25th day of January, 1975, for that defendant without authority and intent to commit a theft did enter the building of Darvin Byrd, the owner thereof The defendant, by this language, is simply advised that Darvin Byrd owned a building in Columbia County, and that defendant entered it with intent to…
2Cases cited2 opinions
- Fuller v. StateCourt of Appeals of Georgia · 1938
- Caldwell v. StateCourt of Appeals of Georgia · 1956