Lee v. State

1. The evidence relied on by the State to convict the defendant of the offense charged was partly direct and partly circumstantial. Therefore it was not error for the court to instruct the jury upon the law of circumstantial evidence. In the absence of a proper written request therefor, the failure of the court to define to the jury “direct and positive testimony” and “circumstantial testimony” was not harmful error. O’Berry v. State, 153 Ga. 880 (5) (113 S. E. 203).

2. The court properly instructed the jury that “when alibi is relied on *633as a defense, the burden of proof is on the accused to…