Davis v. State

PEARSON, Judge.

The appellant was charged with robbery and found guilty by a jiiry. He was sentenced to a ten year term in the state prison. On this appeal appellant’s first point urges error upon the refusal of the trial court to give his requested instruction upon the defense of alibi. We hold that the instruction should have been given and that the error was prejudicial. Therefore, we reverse.

Appellant’s only defense in the trial court was predicated upon the claim of alibi. In support of his claimed alibi, appellant presented four witnesses. Only one of these, his girlfriend, testified…