May v. State

ON MOTION FOR REHEARING.

LATTIMORE, JUDGE.

It is urged in the motion for rehearing that we were wrong in holding it not reversibly erroneous to refuse to charge on alibi. Appellant did not testify, nor by affirmative testimony of any witness locate himself at another and different place when the killing was done. He lived a few miles from Handley, and close to the home of one Stevens. The State’s theory was that the killing was at or near appellant’s place. To travel from Handley to said place in a car going approximately twenty miles per hour would take some ten minutes. If faster, — less. No…