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Lawskills.com Georgia Caselaw
ROBINSON v. THE STATE.
47282.
HALL, Presiding Judge.
Burglary. Washington Superior Court. Before Judge McMillan.
Defendant appeals from his convIction for burglary. He contends the court erred both by charging on alibi when he had not set it up as a defense and by giving an incomplete charge on the subject.
The court's entire charge on alibi reads as follows: "[T]he defendant has denied his guilt of either or both of these offenses, and i charge you that alibi as a defense involve[s] a denial of guilt and the impossibility of the accused's presence at the scene of the offense at the time of its commission. Evidence as to alibi should be considered by the jury in connection with all other evidence in the case." This charge is more favorable to the defendant than that which the Georgia Supreme Court has approved. See Thornton v. State, 226 Ga. 837 (178 SE2d 193). But see also Parham v. State, 120 Ga. App. 723 (171 SE2d 911) and Smith v. Smith, 454 F2d 572.
H. R. Thompson, District Attorney, for appellee.
Casey Thigpen, for appellant.
SUBMITTED JUNE 6, 1972 -- DECIDED JUNE 14, 1972.
Friday May 22 15:09 EDT


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