Ivory v. State

WARNER, Judge.

Appellant asserts that the trial court erred in refusing to instruct the jury on his alibi defense when there was evidence presented, which had not been objected to by the state, to support his theory. We agree and reverse.

Appellant was charged with possession of cocaine within one thousand feet of a school. During trial, appellant’s fiance testified without objection that she had gone to a movie with appellant on the night of the incidents giving rise to the charges. Representing himself at trial, appellant requested that the court charge the jury on his alibi theory. In…