Manning v. State

OPINION

W. M. LEECH, Special Justice.

Defendant was convicted of armed robbery with a resulting punishment of ninety-nine years. The Court of Criminal Appeals reversed and remanded for a new trial raising an issue which had not been raised during trial, in the motion for new trial, or by assignment of error on appeal —that issue being the trial court’s failure to instruct the jury on the defense of alibi. Therefore, this Court granted certiorari to review the action of the Court of Criminal Appeals.

Essentially, the State assigns two errors. First, the State asserts that it was error for the…