Brown v. State

Whitman, Judge.

1. "It is error, even in the absence of request, to fail to charge on the law of alibi, where this is the defendant’s sole defense and is supported not only by his statement but by the testimony of witnesses. Holland v. State, 17 Ga. App. 311 (86 SE 739); Mosley v. State, 165 Ga. 290 (140 SE 754); Paulk v. State, 8 Ga. App. 704 (2) (70 SE 50).” Jenkins v. State, 96 Ga. App. 86 (2) (99 SE2d 474). "Alibi, as a defense, involves the impossibility of the accused’s presence at the scene of the offense at the time of its commission; and the range of the evidence, in respect to time…