Butler v. State

Appellant was clearly entitled to the submission of his affirmative defense of alibi. He testified that at the time the state’s witness claimed to have purchased a half-pint of whisky from him in Abilene, he was in Haskell. Two witnesses who claimed to have been with him testified to the same effect. In fact the sole defense was that appellant and these two witnesses left Abilene for Haskell on December 11th and did not return to Abilene until December 14th, therefore appellant was not and could not have been at his home in Abilene where the state’s witness testified that he purchased a…