Holt v. State

The appellant, by affidavit, was charged with inflicting an injury while engaged in the commission of a robbery. Through his attorney he filed notice under the statute, §§ 9-1631, 9-1632, 9-1633, Burns’ 1942 Replacement, §§ 2263-1, 2263-2, 2263-3, Baldwin’s 1935 Supp., of his intention to offer evidence of an alibi and called upon the State to fix the time and place of the alleged crime. Prior to the service of notice the appellant had been arraigned and entered a plea of “not guilty,” and the cause was then set for trial. The prosecuting attorney did not file his answer to the appellant’s…