Barrett v. State

Luke, J-.

1. Where the defense of alibi is set up by the defendant’s statement alone, a charge thereon is not necessary, in the absence of a timely written request. Brundage v. State, 14 Ga. App. 460 (2) (81 S. E. 384); Reed v. State, 15 Ga. App. 435 (1) (83 S. E. 674); Sheffield v. State, 15 Ga. App. 514 (3) (83 S. E. 871); Holliday v. State, 23 Ga. App. 400 (3) (98 S. E. 386).(a) Where the evidence offered to establish an alibi is weak and inconclusive, there is no error in the failure of the court to charge the jury specifically on the subject, in the absence of a request to give such a…