Mosley v. State

1. In a very close case on the facts, where the testimony adduced by one accused of murder tended to show that he was not actually present at the time of the homicide, the issue of alibi should have been given in charge to the jury, even though no request was duly presented therefor. Fletcher v. State, 85 Ga. 666 (11 S. E. 872); Moody v. State, 114 Ga. 449 (40 S. E. 242); Hobbs v. State, 8 Ga. App. 53 (68 S. E. 515); Holland v. State, 17 Ga. App. 311 (86 S. E. 739). In the Fletcher case, supra, it is stated in the opinion that “the main assignment of error in this case is that the court…