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COCKERHAM v. STATE

No. 30,612.

246 Ind. 303 (1965)

204 N.E.2d 654

COCKERHAM v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied April 5, 1965.

Attorney(s) appearing for the Case

George H. Gossman, of Seymour and Ralph Hamill, John P. Price, and Hollowell, Hamill & Price, of counsel, of Indianapolis, for appellant.

Edwin K. Steers, Attorney General, and David S. Wedding, Deputy Attorney General, for appellee.

ARTERBURN, C.J.

This is an appeal from a conviction of the appellant of the offense of first degree burglary. The appellant assigns as error in the overruling of the motion for a new trial, first, the admission of certain evidence introduced in violation of a notice of alibi served on the prosecuting attorney. The statute concerning alibi states:

"... the defendant shall, not less than ten [10] days before the trial of such cause, file and serve upon the...

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