Albin v. State

The appellant was indicted with two others, for larceny committed in stealing six yards of steel mixed Jeans, and other goods. He was tried and convicted. By a motion for a new trial he has presented several questions for our decision, among them the following :

At the trial the court instructed the jury as follows :

“ 7. The defendant has introduced some-evidence for the purpose of showing that he could not have been present at the place where the alleged crime wa.s committed, at the *599time it was committed, "because of Ms presence at another place at the time of the commission of the offence.

“Th…