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JENKINS v. STATE

36706.

96 Ga. App. 86 (1957)

99 S.E.2d 474

JENKINS v. THE STATE.

Court of Appeals of Georgia.

Decided June 17, 1957.

Attorney(s) appearing for the Case

Casey Thigpen, for plaintiff in error.

T. A. Hutcheson, Solicitor, contra.

TOWNSEND, J.

1. "Alibi, as a defense, involves the impossibility of the accused's presence at the scene of the offense at the time of its commission; and the range of the evidence, in respect to time and place, must be such as reasonably to exclude the possibility of presence." Code § 38-122.

2. It is error, even in the absence of request, to fail to charge on the law of alibi, where this is the defendant's...

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